THE  LIBRARY 

OF 

THE  UNIVERSITY 

OF  CALIFORNIA 

LOS  ANGELES 

SCHOOL  OF  LAW 


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LAW  L       IMVf 

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LOS  ANGILtS  COJMTY 

PD^QKA  BilANCH 


t.  A.  CO.  t.  1. 


THE  AMERICAN 

NOTARY 


COMMISSIONER   OF   DEEDS 

MANUAL 


■m 


THE    GENEEAL    AND    STATUTOEY    EEQUIEEMENTS    OF    THESE 
OFFICEES  PEETAINING  TO  ACKNOWLEDGMENTS,  AFFI- 
DAVITS,   OATHS,    DEPOSITIONS    AND    PEO- 
TESTS,  WITH  FOEMS 


BY 

EDWARD  MILLS  JOHN 

OF    THE    CHICAGO    BAR 


SECOND    EDITION 


CHICAGO 
CALLAGHAN  &  COMPANY 
1904. 


T 
\904- 


Entered  according  to  Act  of  Congress,  in  the  year  1898, 

By  CALLAGHAN  &  COMPANY, 

In  the  Office  of  the  Librarian  of  Congress,  at  Washington,  D.  C. 

Copyright  1904 
By  CALLAGHAN  &  COMPANY. 


COMPOSITION   BY 

.CENTRAL   TYPESETTING    CO., 

415   DEARBORN    ST., 

CHICAGO. 


9 

2 


TABLE   OF   CONTENTS. 

CHAPTER    I. 
Notaries,  History,  General  and  Statutory  Requirements 1 

CHAPTER    II. 
Affidavits,  Oaths  and  Affirmations,  General  and  Statutory 47 

CHAPTER   III. 
Conveyances,  General  and  Statutory 67 

CHAPTER     IV. 
Depositions,  General  and  Statutory 133 

CHAPTER   V. 
Negotiable  Instruments,  General  and  Statutory 192 

CHAPTER   VI. 
Commissioners  of  Deeds,  General  and  Statutory 264 

CHAPTER   VII. 
Forms 279 

Index   349 


735149 


NOTARIES    PUBLIC. 


CHAPTER    I. 

THE  OFFICE  AND   ITS  REQUIREMENTS. 

§  1.  A  notary  public  is  an  officer  long  known  to  the  civil 
law,  and  designated  as  registrarius,  actuarius,  or  scrivarius. 
Anciently  he  was  a  scribe,  who  only  took  notes  or  minutes., 
and  made  short  drafts  of  writings  and  instruments,  both 
public  and  private.  At  this  day,  in  most  countries,  a  notary 
public  is  one  who  publicly  attests  deeds  or  writings,  to  make 
them  authentic  in  another  country ;  but  principally  in  busi- 
ness relating  to  merchants.1 

Officers  whose  duties  correspond  closely  to  those  of  Notaries 
Public  are  traceable  to  the  Roman  Republic,  although  their 
duties   differ   very  largely  now. 

The  Prankish  kings  at  an  early  date  appointed  them. 

In  Italy  during  the  Middle  Ages  they  were  appointed  by 
the  Emperor  or  the  Pope. 

In  France  they  have  always  been  important  personages, 
having  been  appointed  by  the  King  and  also  the  Popes. 

In  Germany  they  are  somewhat  proscribed. 

In  England  we  learn  of  them  at  an  early  date,  having  at 
one  time  been  appointed  by  the  Popes,  which  right  was  subse- 
quently denied  by  the  kings  who  assumed  their  control.  Not 
until  the  introduction  of  "Bills  of  Exchange"  did  they  be- 
come fully  appointed  in  England. 

The  notary  is  recognized  as  a  necessary  official  in  nearly 
all  civilized  countries.  He  is  recognized  by  the  law  mer- 
chant, and  his  official  acts  are  received  as  evidence,  not  only 
in    his   own.   but    in    all   countries.     His   duties   are,   often,   of 

1  Kirksey  v.  Bates,  7  Porter  ary ;  Mechem  's  Public  Officers,  Sec. 
(Ala.)   529;   Kinney's  Law  Diction-      47. 

1 


2  NOTARIES  PUBLIC. 

great  variety  and  importance,  consisting  for  the  most  part, 
in  protesting  inland  and  foreign  bills  of  exchange,  promissory 
notes,  authenticating  their  dishonor  by  the  refusal  of  the 
drawee  to  accept  or  pay  them  on  presentation  or  when  due. 
Also  the  authentication  of  transfers  to  property,  administer- 
ing the  oath  as  to  the  correctness  of  accounts  or  statements 
of  important  documents,  which  are  often  necessary  for  trans- 
missions to  points  where  the  parties  directly  in  interest  are 
unable  to  appear  in  person.  The  taking  of  depositions  for 
actions  pending  in  foreign  or  distant  courts.  The  taking  of 
the  affidavits  of  mariners  and  masters  of  ships,  their  protests, 
etc.,  requiring  care  and  judgment.  In  all  such  cases  the 
notary's  certificate  or  jurat,  when  accompanied  with  his 
official  seal  of  office  and  proper  certificates  of  his  official 
character  if  the  act  is  to  be  used  beyond  his  own  county  or 
State  is  received  as  prima  facie  evidence. 

This  makes  the  office  very  important  and  necessarily  one  of 
caution  and  care,  for  in  most  cases  the  notary  is  supposed 
to  know  the  parties  with  whom  he  is  dealing,  he  is  supposed 
to  know  what  he  is  doing,  considerate  not  only  of  the  inter- 
ests of  the  parties  immediately  present,  but  of  the  interests 
of  all  who  shall  subsequently  be  obliged  to  review  or  rely 
upon  his  work. 

§  2.  The  office  is  one  of  greater  importance  than  is  gen- 
erally supposed.  Grave  complications  are  likely  to  arise 
from  a  notary's  mistakes,  making  him  and  his  bondsmen 
liable  for  damages.  If  possible  he  should  be  familiar  with 
the  law,  mindful  of  what  are  legal  holidays,  maturing  paper 
and  presentment  of  same  for  acceptance  or  payment.  He 
should  have  a  seal  and  use  it  on  all  papers  when  the  statutes 
requires. 

§  3.  In  the  United  States  the  office,  powers  and  duties 
of  notaries  are  regulated  by  statute  and  differ  but  slightly  in 
the  various  States  and  territories.  Courts  take  judicial  no- 
tice of  notaries  within  the  county  where  the  court  is  sitting.2 

A  notary  public  is  a  public  officer,  so  recognized  by  the  com- 
mon law,  the  civil  law  and  the  law  of  nations.3 

2  Sehaef er     v.     Kienzel,     123     111.  146;  supported  by  Governor  v.  Gor- 

430;   Hertig  v.  People,  159  111.  237.  don,   15   Ala.    72;    Pierce   v.   Inseth, 

a  Ohio    Nat.    Bk.    of    Washington  106  U.  S.  546,  549. 
v.  Hopkins,  8  Court  of  App.,  D.  C. 


THE   OFFICE   AND   ITS   REQUIREMENTS.  3 

His  duties  are  principally  connected  with  commercial  law, 
but  he  has  many  duties  added  by  statute.  A  bank  acting  as 
collecting  agent  for  its  correspondent,  in  employing  a  notary 
in  his  official  capacity,  is  bound  to  place  the  paper  in  the 
hands  of  a  competent  and  careful  notary  and  pay  him  for  his 
services  the  legal  fee,  charging  the  same  to  their  corre- 
spondent.4 

§  4.  Eligibility. — They  must  be  citizens  of  the  State  of 
which  they  are  ministerial  officers,  usually  twenty-one  years 
of  age,  and  of  good  moral  character. 

A  notary  public  is  a  public  officer  and  under  the  constitu- 
tion of  Nevada,  anyone  holding  a  lucrative  office  under  the 
government  of  the  United  States,  or  any  other  power,  is 
ineligible  to  the  office.5 

In  some  States  bankers  and  persons  holding  official  relations 
with  the  bank  are  incompetent  to  act  as  notary  in  cases  where 
such  bank  is  interested.6 

§  5.  Women. — By  the  common  law  no  woman  under  the 
dignity  of  a  queen  could  take  part  in  the  government  of  the 
State,  and  could  hold  no  office  except  parish  offices.  Al- 
though a  citizen  she  is  not  entitled  to  take  any  part  in  the 
government  in  the  absence  of  constitutional  or  legislative 
provision.  Several  of  the  States  have  removed  this  restric- 
tion by  legislative  enactment7  or  constitutional  provision. 
Some  States  have  passed  enabling  acts  providing  for  their 
appointment. 

§  6.  Appointment. — In  the  United  States  appointment  is 
usually  made  by  the  Governor,  either  with  the  advice  and 
consent  of  the  senate,  or  by  special  legislative  enactment. 
(See  State  statutes  following.) 

In  England  they  are  appointed  by  the  Court  of  Faculties 
and  are  obliged  to  serve  an  apprenticeship  of  five  years,  and 
then   furnish   a   certificate   from  two   notaries   stating   fitness 

*  Pierce  v.  Inseth,  106  U.  S.  546.  State  of  Ohio   v.  Grace  Adams,  41 

s  State    v.    Clarke,    21    Nev.    333 ;  L.  R.  A.  727,  58  O.  S.  612.     Citing 

Id.  18  L.  R.  A.  313.  State,  Robinson  v.  McKinley,  37  O. 

e  Bank  v.  Butler,  41  O.  S.  519.  S.  627;   State  ex  rel.  Crow  v.  Hos- 

7  State     v.     Davidson,     92     Tenn.  tetter,  38  L.  R.  A.  208 ;  Id.  137  Mo. 

531;    Re   House   Bill,    9   Colo.   628;  636;      Barbour-Pitt     Shoe     Co.     v. 

Opinions  of  Justices  of  Sup.  Ct.  150  Dixon,  60  S.  W.  186  (Ky.). 

Mass.    586;    Id.    32    L.    R.    A.    350; 


4  NOTARIES  PUBLIC. 

for  the  office.  A  penalty  is  imposed  for  acting  without  au- 
thority. In  London  seven  years'  apprenticeship  is  required. 
The  duties  are  similar  to  those  in  the  United  States. 

On  the  continent  of  Europe  they  are  appointed  by  the 
executive. 

§  7.  A  commission,  or  license,  is  issued  on  the  filing  of  the 
bond  and  oath  of  office,  for  which  a  fee,  varying  in  each 
State,  is  required ;  this  is  usually  remitted  with  the  applica- 
tion for  the  appointment.     Some  States  exact  an  annual  fee. 

§  8.  The  term  of  office  is  regulated  by  statute  and  varies. 
(See  Statutory  requirements,  following.) 

§  9.  Bond. — A  bond  is  usually  required  for  a  given  sum, 
with  sureties,  approved  by  some  State  officer,  usually  the 
secretary  of  the  State,  assuring  the  faithful  discharge  of  the 
duties  of  the  office  and  accepting  the  liability  for  any  dam- 
ages sustained  by  parties  from  negligence  or  wrongful  acts 
of  the  notary. 

In  Louisiana  notaries  public  continue  in  office  so  long  as 
they  renew  their  bonds,  unless  suspended  by  the  court.  Fail- 
ure to  file  their  bond  with  the  auditor  of  public  accounts  may 
be  a  just  cause  for  their  suspension.8 

§  10.  An  oath  of  office  is  required  from  notaries  in  all  the 
States,  and  is  usually  attached  or  noted  on  their  bond. 

§  11.  Duties. — The  duties  of  the  office  consist  in  making 
public  acts  requiring  publicity,  as,  presenting  for  acceptance 
or  payment  and  protesting  for  non-payment  commercial 
paper,  taking  acknowledgments  or  proofs  of  deeds  and  other 
instruments  in  writing,  taking  depositions,  affidavits,  marine 
protests  and  administering  oaths.  Drawing  legal  documents, 
as  deeds,  mortgages,  etc.  Their  duties  and  powers  are  regu- 
lated mainly  by  statute. 

§  12.  Powers. — Notaries  public  of  the  several  States,  terri- 
tories and  the  District  of  Columbia  are  authorized  to  take 
depositions  and  do  all  other  acts  in  relation  to  taking  testi- 
mony to  be  used  in  the  courts  of  the  United  States,  take 
acknowledgments  and  affidavits  in  the  same  manner  and  with 
the  same  effect  as  commissioners  of  the  United  States  Circuit 
Court.     The  statutes  of  the  United  States  confer  no  general 

8  Monroe  v.  Liebman,  47  La.  Ann.   155. 


THE   OFFICE   AND   ITS   REQUIREMENTS.  5 

authority  to  notaries  public  to  administer  oaths  nor  as  to 
the  manner  of  administering.9 

A  clerk  of  the  United  States  courts  may  take  acknowledg- 
ments in  Illinois.10 

In  Illinois  notaries  public,  although  appointed  in  towns 
and  cities,  are  county  officers,  and  are  not  confined  to  the 
towns  in  which  they  reside.  An  acknowledgment  of  a  deed 
can  be  taken  by  a  notary  public  anywhere  within  the  limits 
of  the  county,11  or  within  the  State.12  Courts,  ex-officio,  take 
notice  of  the  civil  officers  of  the  county  in  which  it  holds  its 
sittings.13 

In  attachment  cases  the  affidavit  may  be  made  before  any 
officer  authorized  by  the  laws  of  this  State  to  administer 
oaths.  If  in  the  county,  seal  is  not  required,  but  is  if  out- 
side the  county  or  State.14  In  Tennessee  a  deed  cannot  be 
probated  before  a  notary  public  by  subscribing  witnesses ; 
his  duty  is  to  take  acknowledgments,  and  the  proof  by  wit- 
nesses must  be  made  before  the  clerk  of  the  County  Court.15 
A  notary  public  having  acted  as  agent  in  obtaining  a  loan 
on  property  for  a  party  is  not  disqualified  from  taking  the 
party's  acknowledgment  to  the  mortgage  on  the  property.16 
A  notary  having  acted  as  such  for  claimant  violates  no  law  by 
acting  subsequently  in  the  same  matter  as  the  claimant's 
attorney.17 

A  notary  public  of  another  State  must  certify  that  he  has 
power  to  administer  oaths;  it  cannot  be  presumed.1  s  Proof 
of  the  official  character  of  a  notary  public  using  a  notarial 
seal  is  not  required.19  The  general  presumption  is  that  a 
notary  can  administer  oaths,  unless  proof  to  the  contrary  is 
offered.20  In  Ohio  a  notary  has  power  to  imprison  a  witness 
for  refusing  to  answer  a  question  to  a  deposition.21     In  Ala- 

»  U.  S.  v.  Hall,  131  U.  S.  50.  ie  Penn  v.  Garvin,  56  Ark.  511. 

io  Woodruff    v.    McHarry,    56    111.  17  Sullivan  v.  Hall,  86  Mich.  7. 


is  Keefer  v.  Mason,  36  111.  406. 


£18. 

11  Hill  v.  Bacon,  43  111.  477. 

i2Guertin    v.    Mombleau,    144    111.  19  Harding  v.  Curtis,  45  111.  252. 

39.  20  Crone  v.  Angell,  14  Mich.  339; 

is  Dyer  v.  Flint,  21  111.  80 ;  Thiel-  Pinkham  v.  Cockell,  77  Mich.  265. 

man  v.  Burg,  73  111.  293.  21  DeCamp  v.   Archibald,   50   Ohio 

1*  Rowley  v.  Berrien,  12  111.  198.  St.  618;   Coleman  v.  Roberts,  36  L. 

is  McGuire  v.  Gallagher,  95  Tenn.  R.  A.  84 ;  Re  Huren,  36  L.  R.  A.  822. 
349. 


6  NOTARIES  PUBLIC. 

bama  he  acts  as  a  justice  of  the  peace  and  can  imprison  for 
contempt.  He  has  no  such  power  in  Kansas  and  most  of  the 
States. 

§  13.  Acts. — Generally,  their  acts  can  only  be  impeached 
on  the  ground  of  fraud.  Every  act  is  accepted  prima  facie 
as  true,  and  for  that  reason,  if  no  other,  they  are  of  the  most 
solemn  character.  Too  much  stress  cannot  be  placed  upon 
this,  for  often  the  office  is  looked  upon  as  one  of  slight  impor- 
tance. A  notary  in  Ohio  was  removed  from  office  and  fined 
for  having  certified  blank  receipts  for  the  salary  of  a  public 
officer,  which  receipts  were  subsequently  filled  out  for  fraudu- 
lent amounts.  All  documents  should  be  properly  filled  out 
and  signed  by  the  party  acknowledging  before  the  signature 
of  the  notary  is  attached.  Also,  in  case  of  the  acknowledg- 
ing of  deeds,  the  parties  must  be  known,  or  their  personality 
declared  by  attesting  witnesses  to  the  officer  taking  the 
acknowledgment,  and  their  signature  to  the  paper  must  be 
signed  in  his  presence  or  acknowledged  to  him.  A  notary 
public  is  an  officer  known  to  the  law  of  nations,  hence  his 
official  acts  receive  credence,  not  only  in  his  own  country, 
but  in  all  others  in  which  they  are  used  as  instruments  of 
evidence.22 

The  unsupported  testimony  of  a  party  to  a  deed  that  he 
did  not  execute  it  cannot  prevail  over  the  official  certificate 
of  the  officer  taking  the  acknowledgment.23  A  notary  can- 
not be  offered  in  evidence  to  impeach  his  own  certificate  of 
acknowledgment.24  The  characters  N.  P.  clearly  indicate 
the  office  of  notary  public.25  Courts  take  judicial  notice  of 
the  officers  of  their  county,  and  proof  of  the  official  character 
of  these  officers  is  not  required.26 

In  Michigan,  a  notary  public,  being  a  State  officer,  may  act 
in  any  part  of  the  State ;  while  it  is  proper  for  him  to  sign 
himself  a  notary  public  in  and  for  the  county  for  which  he  is 
appointed,  his  certificate  of  acknowledgment  is  not  fatally 
defective  if  his  county  is  omitted.27  An  officer  is  not  dis- 
qualified from  acting  for  parties  when  he  is  beyond  the  fourth 

22  Kirksey  v.  Bates,  7  Porter,  26  Graham  v.  Anderson,  42  111. 
Ala.  529.  514;  Irving  v.  Brownell,  11  111.  402. 

23  Kerr  v.  Russell,  69  111.  666.  2?  Sullivan  v.  Hall,  86  Mich.  7,  13 

24  Shapleigh  v.  Hull,  21  Colo.  419.  L.  R.  A.  356. 

25  Rowley  v.  Berrian,   12  111.  198. 


THE   OFFICE  AND   ITS   REQUIREMENTS  7 

degree  of  relationship  to  the  parties.28  By  the  universal  con- 
sent of  nations  credence  is  given  to  the  attestation  of  a 
notary.29  As  a  public  officer  his  office  affects  the  people  gen- 
erally, and  does  not  concern  alone  a  particular  district  or 
private  individuals.  This  is  shown  from  the  antiquity  of 
the  office,  nature  of  their  duties,  and  the  fact  that  their  acts 
have  always  been  respected  by  the  custom  of  merchants  and 
the  courts  of  all  countries.3"  In  Louisiana  a  notary's  state- 
ment that  a  will  was  written  by  him,  as  dictated  by  the 
testator,  in  the  presence  and  hearing  of  the  witnesses,  whose 
names  are  mentioned,  and  then  read  by  him  to  the  testator 
in  the  presence  and  hearing  of  said  witnesses,  at  one  and  the 
same  time,  without  interruption  or  turning  aside,  meets  all 
the  code  requirements.31  As  an  officer  de  facto  his  acts  can- 
not be  collaterally  assailed  by  third  parties.  If  an  officer  is 
in  his  place  by  appointment  or  election,  and  proceeds  in  the 
regular  discharge  of  his  duties,  though  he  has  not  in  all 
respects,  in  qualifying,  complied  with  the  statutes,  his  acts 
are  entitled  to  credit.  The  statutes  do  not  declare  that  the 
acts  of  the  notary  who  fails  to  comply  with  their  provisions 
shall  be  null  and  void,  but  they  provide  for  a  penalty.32 

He  should  always  state  when  his  commission  expires.  This 
neglect  does  not  invalidate  his  act.33 

§  14.  A  seal  is  a  plate  or  disc  of  metal,  usually  of  circular 
form,  having  some  device  engraved  upon  it,  with  which  an 
impression  may  be  made  on  wax  or  other  substance,  on  paper 
or  parchment,  for  the  purpose  of  authentication.  Of  this 
description  are  the  seals  of  a  government,  the  seals  of  courts, 
of  public  notaries  and  other  public  officers.34 

Notaries  must  provide  an  official  seal  as  required  by  statute ; 
usually  of  a  certain  size,  circular  in  form,  having  engraved  on 
its  surface  in  the  outer  circle  his  name,  county  and  State, 
and  in  the  inner  circle  the  words  "Notary  Public."  In  some 
States  the  State  coat  of  arms  is  also  required.     With  this  they 

23  Churchill    v.    Churchill,    12    Vt.  32  Keeney   v.    Leas   and   Lyon,    14 

661;    Eeed   v.   Newcomb,   62   Vt.   75.  la.  464. 

29  Spegail  v.  Perkins,  2  Rott  274.  33  Barbour-Pitt     Shoe       Co.       v. 

*o  Keeney   v.    Leas   and   Lyon,    14  Dixon,  60  S.  W.  186. 

Ta.  464.  34  Hinckley  v.  O  'Farrel,  4  Blackf . 

si  Monroe  et  al.  v.  Liebman  et  al.,  185;    Connolly    v.    Goodwin,    5    Cal. 

47  La.  Ann.  155.  220.     Burrill. 


g  NOTARIES  PUBLIt  . 

shall  authenticate  all  their  acts.  On  removal  from  office  this 
is  deposited  with  an  officer  designated  by  statute.  In  all 
cases  where  a  seal  is  necessary  by  law  to  any  commission, 
process,  or  other  instrument  provided  for  by  the  laws  of  Con- 
gress, it  shall  be  lawful  to  affix  the  proper  seal  by  making 
an  impression  therewith  directly  on  the  paper  to  which  such 
seal  is  necessary,  which  shall  be  as  valid  as  if  made  on  wax 
or  other  adhesive  substance.  (U.  S.  Rev.  Statutes,  1878, 
Sec.  6.)35  The  impression  of  the  seal  on  the  paper  in  such 
manner  as  to  be  identified  is  sufficient.36 

A  notary  cannot  act  until  he  has  procured  a  seal.  His 
official  acts  are  void  unless  attested  by  it.37  He  must  authen- 
ticate with  his  official  seal,  and  not  with  a  scrawl.38  As  a 
general  rule,  throughout  the  United  States,  official  acts  of 
a  notary  must  be  authenticated  by  seal  as  well  as  by  his 
signature.39  Some  States  require  it  to  be  attached  to  the 
certificate  of  protest.40  While  in  others  it  is  not,  the  certifi- 
cate being  sufficient  evidence  of  the  fact.41  The  notary's 
certificate  of  acknowledgment  is  incomplete  without  it.42 
Courts  take  judicial  notice  of  the  seals  of  notaries  public, 
they  are  officers  recognized  by  the  commercial  law  of  the 
world  and  are  entitled  to  full  faith  and  credit.43  But  the 
notary  must  state  in  his  certificate  that  he  has  authority  to 
act  to  verify  the  seal.44     Some  States  require  the  notaries  of 

35  Rowley  v.  Berrian,  12  111.  198;  *i  Bank  of  Ky.  v.  Pursley,  3  T.  B. 

Beardsley    v.    Knight,    4    Vt.    471 ;  Mon.  238. 

Tunis     v.     Withrow,     10     la.     305;  *2  Mason    v.    Brock,    12    111.    273 

Hinckley    v.     O'Farrell,    4    Blackf.  Rowley    v.     Berrien,     12     111.     198 

185;   Stout  v.  Slattery,  12  111.  162;  Thompson  v.  Scheie!,   39   Minn.   102 

Dyer  v.  Flint,  21  111.  80.  43  Pierce    v.    Indseth,    106    U.    S 

sfi  Pierce  v.  Indseth,  106  U.  S.  546.  546;    Bradner's    Evidence,    p.    186 

37  Miller  v.  State,  122  Ind.  355;  Gaynor  v.  Hibernian  Bk.,  68  111 
Tunis  v.  Withrow,  10  la.  305;  Gage  App.  485;  Kruse  v.  Wilson,  79  111 
etc.  v.  Dubuque  &  P.  R.  Co..  11  la.  233;  Chiniquy  v.  Cath.  Bishop,  41 
310;  Stephens  v.  Williams,  46  la.  111.  148;  Hertig  v.  People,  159  111. 
540.  240;    Schaefer    v.    Kienzel,    123    111. 

38  Moore  v.  Titman,  33  111.  358;  430;  Fellows  v.  Menasha,  11  Wis. 
Hinckley  v.  O'Farrell,  4  Blackf.  558;  Walsh  v.  Dart,  12  Wis.  635; 
lnd.  185;  Dumont  v.  McCracken,  6  Sloane  v.  Anderson,  57  Wis.  123; 
Blackf.  355;  Booth  v.  Cook,  20  111.  Ely  v.  Wilcox,  20  Wis.  523-  Hayes 
129;  Rindskoff  v.  Malone,  9  la.  540.  v.   Frey,   54  Wis.   503;    Stoddard   v. 

39  Clark  v.  Wilson,  127  111.  449.  Sloan,  65  la.  680;   Wiley  v.  Carson, 
■*oKirksey  v.  Bates,  7  Porter,  Ala.     15  S.  D.  298. 

529.  44  Smith  v.  Lyons,  80  111.  600. 


THE   OFFICE   AND    ITS   REQUIREMENTS.  9 

other  States  and  countries  to  have  their  official  character 
certified  to  by  the  Clerk  of  the  County  Court  under  the  court 
seal,  or  by  the  Secretary  of  the  State  under  the  great  seal  of 
the  State.  The  seal  authenticates  the  notary's  signature. 
The  Clerk  of  the  County  Court  may  certify  to  his  appoint- 
ment but  not  to  his  signature.45  The  seal  of  a  notary  is 
enough  to  indicate  his  official  character.  Nothing  need  be 
written  after  his  signature,46  providing  he  states  in  his  cer- 
tificate that  he  has  authority  to  act.47  A  notary's  acts  should 
always  be  attested  by  a  notarial  seal.48  He  must  provide  his 
own  official  seal.  Its  use  is  required  to  all  acknowledgments 
outside  the  county  or  State  where  the  notary  resides.49 
Also  the  officer's  name  must  be  subscribed.50  It  is  not  essen- 
tial to  the  validity  of  a  deed  that  the  notary's  seal  should  be 
attached.51  The  seal  is  not  essential,  except  in  cases  re- 
quired by  statute  or  the  common  law.52  Proof  of  the  official 
character  of  a  notary  public  using  a  notarial  seal  is  not 
required.53  A  notary's  signature  to  his  jurat  without  his 
seal  is  sufficient  within  his  county,  but  not  outside.54  The 
use  of  another  notary's  similar  seal  instead  of  the  notary's 
own,  does  not  invalidate  the  instrument  acknowledged,  but  is 
a  breach  of  duty.55  Notaries  in  taking  affidavits  need  not 
use  their  seal  if  the  affidavit  is  to  be  used  within  their  county, 
but  for  use  outside  their  county  or  outside  the  State  their 
seal  must  be  attached.56  Under  the  statute  of  1867  of  Illi- 
nois notaries  public  were  not  required  to  authenticate  their 

45  Browne  v.  Phila.  Bank,  6  Serg.  51  Robinson   v.   Robinson,    116   111. 

&    Rawle     484;     Stephens     v.     Wil-  250. 

liams,  46  la.  540.  52  Schaef  er    v.    Kienzel,    123    111. 

*«Gaynor    v.    Hibernian    Bk.,    68  43°;    Mineral    Point    R.    R.    Co.    v. 

111.  App.  485;   Moore  v.  Titman,  33  KeeP>  22  In-  9- 

Til.    358;    Kruse   v.    Wilson,    79    111.  53  Harding  v.  Curtis,  45  111.  252; 

233;    Chiniquy   v.    Cath.   Bishop,   41  Stephens  v.  Williams,  46  la.  540. 

111.   148;   Hertig  v.  People,   159   111.  54  Stout   v.   Slattery,    12   111.    162; 

240;    Warvelle's   Abstracts,   p.    207,  Dyer  v-  Flint>  21  I]1-  80;   Moore  v. 

see    Ed  Titman,    33    111.    358;    Holbrook    v. 

._  a    ...        T  Qrk  T11    „nr.  Michol,  36  111.   161 ;   Rowley  v.  Ber- 

-Smxth  v.Lyons,  80  111.  600.  ^  ^  ^ 

48  Booth    v.    Cook,    20    111.     129;  5B  Muncie  Nat.  Bk.  v.  Brown,  112 
Rindskoff    v.    Malone,    9    la.    540 ;      jnfj    ^^ 

Tunis  v.  Withrow,  10  la.  305.  5'sDy^  y_  3^  n  m    g();  gtout 

49  Rowley  v.  Berrian,  12  111.  198.       v.   Slattery,   12   111.   162;    Rowley  v. 

50  Clark  v.  Wilson,  127  111.  449.  Berrian,  12  111.  198. 


10  NOTARIES  PUBLIC. 

jurats  to  be  used  within  the  county  for  which  they  *vere 
notaries  by  their  official  seals.57  An  official  seal  imparts 
verity  and  is  universally  recognized  as  evidence  of  authen- 
ticity when  accompanied  by  the  notary's  statement  in  his 
certificate  that  he  has  authority.58  Affixed  to  an  instrument 
makes  it  a  specialty.59  The  statutes  of  Nebraska  do  not  re- 
quire the  initials  or  name  of  the  notary  to  be  engraved  on  his 
seal.60  It  is  no  part  of  the  notary's  duty  to  receive  money 
from  or  for  anybody.61 

§  15.  Record. — They  are  required  to  keep  a  record  of  many 
of  their  official  acts,  especially  the  protesting  of  commercial 
paper,  with  service  of  notice  of  same,  the  names  of  the  parties 
interested  and  a  description  of  the  paper  protested. 

§  16.  On  removal  from  office,  by  expiration  of  term,  death 
or  otherwise,  it  is  required  to  deposit  with  some  public  officer, 
usually  the  clerk  of  the  county,  all  records  and  papers  of  an 
official  character,  within  thirty  days  after  such  removal. 

§  17.  Liability. — A  notary  public,  by  assuming  to  perform 
any  official  duty  or  request  of  a  party  concerned,  impliedly 
undertakes  to  discharge  it  faithfully,  and  is  liable  to  the 
extent  of  any  resulting  injury  if  he  fails  to  do  so.  An  illus- 
tration is  where  commercial  paper  is  delivered  to  him  for 
protest  and  notice  to  the  endorsers,  or  where  he  undertakes 
to  certify  to  the  acknoAvledgment  of  a  conveyance.62  For  any 
misconduct,  negligence  or  unskillfulness  in  performance  of 
duty,  he  is  liable  for  resulting  damages.  Failure  to  state  that 
the  acknowledging  party  to  a  deed  was  personally  known  or 
identified  by  a  witness  is  negligence.  A  notary  holds  him- 
self out  to  the  world  as  fully  capable  of  discharging  the  duties 
of  his  office.63     They  are  liable  for  negligence  in   giving  in- 


57  Thielmann  v.  Burg,  73  111.  293.  Marston  v.  Bank  of  Mobile,  10  Ala. 

ss  Moore  v.  Titman,  33  111.  358.  284;  Curtiss  v.  Colby,  39  Mich.  456; 

59  Bouvier  's  Law  Dictionary.  Com  '1   Bank  v.   Varnum,   49    N.   Y. 

co  Weeping    "Water    v.     Reed,     21  269;  Fogarty  v.  Finlay,  10  Cal.  239; 

Xeb.  261.  Oakland    Bank    v.    Murfey,    68    Cal. 

eiHeidt    v.    Minor,    89    Cal.    115;  455;  Ware  v.  Brown,  2  Bond.  267. 

Detroit     Sav.     Bk.     v.     Ziegler,     49  63  Fogarty  v.  Finlay,  10  Cal.  239 ; 

Mich.  157 ;  Doran  v.  Butler,  74  Mich.  Joost   v.    Craig,   82    Am.    Stat.    374, 

643 ;  Feller  v.  Gates,  91  Am.  St.  579.  131  Cal.  504,  63  Pac.  840 ;   State  v. 

«2Cooley    on    Torts,    466    sec.    ed;  Ryland,  63  S.  W.  819. 


THE   OFFICE  AND   ITS  REQUIREMENTS.  H 

sufficient  notice  of  protest.04  Failure  to  give  notice  is  a 
breach.65  They  are  liable  for  negligence  to  the  holder  for 
commercial  paper  placed  in  their  hands  for  protest  by  a  bank. 
The  bank  is  not  liable  in  such  cases.06  They  act  independ- 
ently for  the  owner  of  the  note  they  protest,  and  not  as  agent 
for  the  bank  placing  same  in  their  hands.67  At  common  law, 
formal  protest  and  notice  by  a  notary  are  only  necessary  upon 
foreign  bills  and  notes,  and  not  on  inland.  When  the  notary 
makes  the  protest  and  gives  the  notice,  in  giving  the  notice 
the  notary  acts  as  the  owner's  agent  and  not  officially.  This 
is  changed  by  statute  and  the  act  is  official,  as  his  certificate 
or  entry  upon  a  book  is  made  evidence,  and  required.  The 
rights  of  the  parties  depend  upon  the  manner  in  which  he 
discharges  his  duties.  He  is  selected  as  a  public  officer,  and 
failure  to  discharge  his  duty  is  a  breach  of  his  bond  and  ren- 
ders his  bondsmen  liable  for  damages  or  loss  sustained  by  the 
party  who  sought  his  services.68  Most  of  the  States  posi- 
tively forbid  the  attestation  or  acknowledgment  of  an  instru- 
ment by  the  officer  unless  he  positively  knows,  or  has  satis- 
factory evidence,  on  the  oath  or  affirmation  of  credible  wit- 
nesses, that  the  person  making  the  acknowledgment  is  the  in- 
dividual described  in  and  who  executed  the  instrument.  A 
disregard  of  these  requirements  renders  the  officer  or  his 
sureties  liable  for  any  resulting  loss  or  damage,  unless  the 
losing  party  is  the  proximate  cause.69  The  false  or  fraudu- 
lent certificate  of  a  notary  renders  the  bondsmen  liable  for 
the  damages  sustained.  The  bond  is  conditional  that  the 
notary  will  faithfully  discharge  the  duties  of  his  office.70 
The  sureties  on  a  notary's  bond  are  liable  to  the  extent  of 
their  bond  for  the  official  misconduct  only.  A  notary's 
bond,  furnished  in  compliance  with  a  special  law  requir- 
es Bowling  v.  Arthur,  34  Miss.  41.  8  Wheaton,  326;  Morgan  v.  Van 
es  Tevis  v.  Randall,  6  Cal.  632.  Ingen,  2  Johnson   (N.  Y.)    202. 

«e  Bowling  v.  Arthur,  34  Miss.  41 ;  69  Taylor  v.  W.  P.  R.  R.   Co.,  45 

Tiernan  v.  Com '1  Bk.  of  Natchez,  Cal.  323;  Bank  of  Cal.  v.  West. 
7  How.  Miss.  648;  Bank  v.  Butler,  Union  T.  Co.,  52  Cal.  280;  Oakland 
41  O.  S.  519;  Bank  v.  Bank,  49  O.  Bank  of  Savings  v.  Murfey,  68  Cal. 
S.  351;  First  Nat.  Bk.  v.  German  455;  Overacre  v.  Blake,  82  Cal.  77; 
Bk.,  44  L.  R.  A.  733.  Hatton    v.    Holmes,    97    Cal.    208; 

"Bank  v.  Butler,  41  O.  S.  519.         Joost   v.    Craig,    63    Pac.    Rep.    840, 
«s  Wheeler    v.    State    of    Tenn.,    9      82  Am.  St.  374. 
Heisk.  393,  citing  Nicholls  v.  Webb,  ™  Doran  v.  Butler,   74  Mich.  643. 


12  NOTARIES  PUBLIC. 

ing  it,  is  a  legal  bond,  which  the  law  forms  part  of.  It 
is  a  contract  to  be  strictly  construed.  The  object  being  to 
make  certain  the  faithful  performance  and  discharge  of  all 
the  duties  of  the  office,  and  in  case  of  his  failure  to  do  so,  or 
any  loss  sustained,  the  sureties  to  be  held  liable.  The  bond  is 
so  conditioned  for  the  protection  of  all  persons  employing 
him  professionally.  Before  he  and  his  sureties  can  be  held 
it  is  necessary  to  determine  whether  the  act  done  or  not  done, 
committed  or  omitted,  was  or  was  not  authorized  by  law  and 
whether  injury  has  been  sustained.  The  liability  of  the  sure- 
ties is  only  on  his  failure  to  discharge  the  duties  of  his  office 
well  and  faithfully.71  Faithful  performance  of  duties  volun- 
tarily assumed  and  carried  on  for  personal  profit  involves 
more  than  mere  honesty,  it  involves  care,  diligence,  attention 
and  reasonable  competency.72  To  hold  liable  the  notary  or 
his  bondsmen  the  default  must  have  been  the  proximate  cause 
of  the  injury  sustained.  The  measure  of  damages  is  the 
amount  of  the  loss  proximately  sustained  by  the  default.73 
No  damages  can  be  recovered  from  a  notary  or  his  bondsmen 
for  official  misconduct  or  neglect  when  no  damage  has  been 
sustained.74  He  is  not  liable  if  he  acts  according  to  instruc- 
tions ;  nor  where  the  owner  of  the  paper,  advised  of  the 
notary's  negligence,  omits  other  proceedings  or  remedies 
which  would  have  prevented  loss;  nor  where  the  owner  by 
his  own  laches  has  deprived  the  notary  of  the  right  of  subro- 
gation.75 A  bank  is  liable  for  the  acts  of  a  notary  when  he 
acts  as  its  agent.76  In  Louisiana  notaries  public  continue  in 
office  so  long  as  they  renew  their  bonds,  unless  suspended  by 
the  court.  Failure  to  file  their  bond  may  be  just  cause  for 
suspension,  but  the  code  does  not  provide  for  its  vacating 
the  office.77  The  law  does  not  authorize  notaries  to  receive 
money  to  erase  mortgages.78  The  purchaser  of  property  who, 
without  authority,  pays  the  price  into  the  hands  of  the  notary, 

7i  Monrose     v.     Brocard,     20     La.  75  Mechem  's  P.  O.  §  705. 

Ann.   78;   Lescouzeve  v.  Ducatel,  18  76  Wood   Eiver   Bk.    v.    Omaha    F. 

La.    Ann.    470;    Schmitt    v.    Widow  N.  Bk.,  36  Neb.  744. 

O.     Drouet,     42     La.     Ann.     1064;  77  Monroe  v.  Liebman,  47  La.  Ann. 

Weintz  v.  Kramer,  44  La.  Ann.  35.  155. 

72 1  (J.  78  Monrose     v.     Brocard,     20    La. 

73  Mechem  's  P.  O.  §  710,  712.  Ann.  78;  Saloy  v.  Bank,  39  La.  Ann. 

74  McAllister   v.   Clement,   75   Cal.  90. 
182. 


THE   OFFICE   AND   ITS   REQUIREMEXTS.  13 

incurs  the  risk  of  the  deposit,  and  if  the  notary  embezzle  the 
money,  the  purchaser  must  sustain  the  loss.79  Under  the 
New  York  statutes  a  notary  public  is  a  public  officer,  and 
as  such  is  forbidden  by  the  constitution  from  accepting  any 
tree  pass,  free  transportation,  franking  privilege,  etc.,  from 
any  person  or  corporation,  or  from  making  use  of  same  while 
holding  his  office.80 

§18.  Liability  to  taxation. — Authority  to  tax  "trades,  oc- 
cupations and  professions"  does  not  authorize  a  tax  on  no- 
taries public.^1 

§  19.  Fees. — A  notary's  fees  are  all  fixed  and  regulated  by 
law.  He  has  no  right  to  ask  more  nor  less,  nor  has  any  person 
for  whom  his  services  are  rendered  a  right  to  require  his 
services  for  less  than  his  prescribed  fees.  A  bank  employing 
his  services  is  bound  to  pay  his  prescribed  legal  fees.  An 
assignment  by  a  public  officer  of  his  fees  or  salary  before  due  is 
contrary  to  public  policy  and  void.83  Independent  of  any  cor- 
rupt bargain  nobody  can  deal  with  the  fees  of  a  public- 
officer.  The  law  presumes,  with  reference  to  an  office  of 
trust,  that  the  officer  requires  the  fees  assigned  him  for  the 
purpose  of  upholding  the  dignity  of  the  office,  and  it  will  not 
allow  him  to  part  with  them,  or  any  portion,  or  to  encumber 
them.     It   is   against   public   policy   and   void.84 

Notaries  should  charge  for  their  services  in  every  case. 
The  law  expects  it,  and  as  he  is  responsible  for  all  his  acts 
he  should  never  hesitate  to  ask  for  his  fees.  Attorneys 
take  a  fee  for  all  their  affidavits  and  acknowledgments,  espe- 
cially when  executed  before  the  courts.  The  notary  pays  for  his 
license,  seal,  and  other  official  expenses — his  fees  are  his  bread 


"9  Brown  v.   Schmidt,   7   La.   Ann.  146,   supported   by   Bangs   v.    Dunn, 

349;  Saloy  v.  Bank,  39  La.  Ann.  90.  66    Gal    72;    Schloss   v.    Hewlet,    81 

so  People  of  the  State  of  X.  Y.  v.  Ala.    266 ;    Bank    v.    Fink,    86    Tex. 

Rathbone,  145  N.  Y.  434,  Id.  28  L.  303;  Beall  v.  MeYioker.  S  Mo.  App. 

K.  A.  3S4;  People  v.  Wadhams.  176  202:    Bliss   v.    Lawrence,    58    X.    Y. 

X.    Y.    (Oct.    6.    1903),    18    Chicago  442. 
Law  Jr.  600.  84  Ohio    Xat.    Bk.    of    Washington 

81  Cooley   on    Taxation,    supported  v.   Hopkins,   8   Ct.   App.   D.   C.    146, 

by  New  Orleans  v.  Bienvenu,  23  La.  supported    by    Palmer    v.    Vaughan, 

Ann.  710.  3   Swanst.   173;    Parsons   v.   Thomp- 

ss  Ohio    Xat.    Bk.    of   Washington  son,   1   H.  B.   322 ;    Maguire  v.  Cor- 

v    Hopkins,  8   Court   of  App.  D.   C.  wine,  101  U.  S.  108. 


14  NOTARIES  PUBLIC. 

and  butter,  and  when  he  hesitates  to  charge  he  lowers  the 
dignity  of  his  office.  He  should  never  be  so  anxious  for  his 
fee  as  to  overlook  the  law  and  prudence  in  knowing  the 
identity  of  his  client,  otherwise  the  small  fee  charged  may 
cost  him  thousands  of  dollars.  He  must  be  absolutely  cer- 
tain of  his  client's  identity.  He  cannot  afford  to  take  risks 
or  the  word  of  a  stranger. 

A  clerk  in  a  municipal  office  is  entitled  to  his  fees  as  notary 
public  and  not  the  municipality.85 

§  20.  Marine  protest  is  a  declaration  by  a  master  of  a  ves- 
sel before  a  notary,  or  other  proper  officer,  of  the  causes  of 
the  distress  or  necessity  under  which  he  has  been  compelled 
to  put  into  a  port  not  of  destination.86  If  any  vessel  from  any 
foreign  port,  compelled  by  distress  of  weather,  or  other  neces- 
sity, shall  put  into  any  port  of  the  United  States,  not  being 
destined  for  the  same,  the  master,  together  with  the  mate  or 
person  next  in  command,  may,  within  twenty-four  hours  after 
her  arrival,  make  protest  in  the  usual  form  upon  oath,  before 
a  notary  public,  or  other  person  duly  authorized,  or  before 
the  collector  of  the  district  where  the  vessel  arrives,  setting 
forth  the  cause  or  circumstances  of  such  distress  or  necessity. 
Such  protest,  if  not  made  before  the  collector,  shall  be  pro- 
duced to  him,  and  to  the  naval  officer,  if  any,  and  a  copy 
thereof  lodged  with  him  or  them.  The  master  shall  also, 
within  forty-eight  hours  after  such  arrival,  make  report  in 
writing  to  the  collector  of  the  vessel  and  her  cargo,  as  is 
directed  hereby  to  be  done  in  other  cases.  And  if  it  appear 
to  the  collector,  by  the  certificate  of  the  wardens  of  the  port, 
or  other  officers  usually  charged  with  and  accustomed  to 
ascertain  the  condition  of  vessels  arriving  in  distress,  if  any, 
or  by  the  certificate  of  two  reputable  merchants,  to  be  named 
by  the  collector  for  that  purpose,  if  there  are  no  such  war- 
dens, or  other  officers  duly  qualified,  that  there  is  a  necessity 
for  unloading  the  vessel,  the  collector  and  naval  officer,  if 
any,  shall  grant  a  permit  for  that  purpose,  and  shall  appoint 
an  inspector  to  oversee  such  unloading,  who  shall  keep  an 
account  of  the  same,  to  be  compared  with  the  report  made 
by  the  master  of  the  vessel.87 

ss  Wood   v.   City   of  Kansas  City,  86  Kinney 's    Law     Dictionary,    p. 

62  S.  W.  433.  554. 

87  TJ.  S.  Eev.  Stat.  1878,  Sec.  2891. 


THE   OFFICE   AND   ITS   REQUIKEMENTS.  15 

§21.  Certificate. — The  statutes  of  many  States  requir- 
every  certificate  of  a  notary  public  to  state  the  date  of  expira- 
tion of  his  commission.  It  is  directory  merely;  and  the  fail- 
ure of  the  officer  to  comply  with  this  provision  does  not  in- 
validate his  certificate,  but  may  cost  him  his  office.88 

STATUTORY    REQUIREMENTS. 

§  22.  Alabama— ELIGIBILITY— Citizenship.  WOMEN,  are  eligible. 
APPOINTMENT— By  the  Governor.  COMMISSION,  Fee— None  seems 
to  be  required.  TERM — Three  years.  BOND — $1,000,  with  sureties 
approved  by  the  county  probate  judge.  File  and  record  same  with 
him.  OATH,  to  be  taken.  DUTIES — To  administer  oaths,  take  affi- 
davits, acknowledgments,  or  proofs,  of  instruments.  Demand  accept- 
ance of  payment,  and  protest  commercial  paper.  Give  notice  of  pro- 
test, collect  delinquent  taxes,  issue  attachments.  Determine  the  of- 
fense of  cruelty  to  animals.  SEAL  of  office  to  be  procured,  with  name 
of  notary,  office,  State  and  county  of  appointment.  RECORD — To  be 
kept  of  all  official  acts,  and  certificates  given  when  required  and  paid 
for.  REMOVAL  from  office  by  death,  expiration  or  otherwise,  all  rec- 
ords and  papers  to  be  deposited  with  the  county  probate  judge  within 
thirty  days  thereafter  under  penalty.  Removal  from  the  county  vacates 
the  office.  CERTIFICATE  under  his  seal  and  hand  is  evidence  of 
facts  stated  Justices  act  when  there  are  no  notaries,  but  they  must 
so  state.  FEE  BILL — Collecting  taxes,  25  per  cent.;  acknowledgments. 
50c;  presentment  for  acceptance  or  payment,  50c;  protesting,  $1.00; 
notice  of,  each,  50c;  other  protests,  $2.00;  oaths,  50c;  copies  from  regis- 
ter, per  100  words,  20c;    certificate  and  seal,  25c;    other  certificates,  50c. 

§  23.  Alaska— ELIGIBILITY— Resident  of  the  district.  APPOINT- 
MENT by  the  Governor  for  the  district.  COMMISSION,  Fee — $10. 
TERM— Four  years.  COMMISSIONERS  appointed  by  the  court  to  act 
as  notaries,  and  record  kept  of  all  acts.  BOND — $1,000.  Approved  by 
clerk  of  his  district  court.  Same  with  oath  and  signature  to  be  filed 
with  the  secretary  of  his  district.  OATH,  to  be  taken.  DUTIES — To 
demand  acceptance  and  payment  of  foreign,  domestic  and  inland  bills 
of  exchange,  or  promissory  notes,  protest  same  for  non-acceptance  or 
non-payment,  to  exercise  the  other  duties  of  such  office  accorded  by 
the  commercial  laws  of  nations,  etc.  To  take  acknowledgment  or 
proofs  of  deeds  and  other  instruments  in  writing,  attach  his  certificate 
to  same.  Take  depositions,  affidavits,  administer  oaths  and  affirmations, 
make  and  certify  copies  of  records  of  his  office.  SEAL — To  provide 
and  keep  an  official  seal  with  the  words  engraved  thereon,  "Notary 
Public,"  and  his  name  and  name  of  district  for  which  he  is  appointed. 
RECORD  to  be  kept  of  all  his  acts.  ON  REMOVAL  by  death  or  ex- 
piration of  office,  all  his  records  to  be  filed  with  the  clerk  of  the  dis- 
trict court.  Failure  to  do  so  subjects  him  to  damages  to  party  injured. 
FEES— 

88  Harbour-Pitt  Shoe  Co.  v.  Dixon   (Ky.),  60  S.  W.  Rep.  186. 


16  NOTARIES  PUBLIC. 

§  24.  Arizona— ELIGIBILITY— Must  read  and  write  the  English 
language.  WOMEN  over  21  years  of  age  are  eligible.  APPOINT- 
MENT— By  the  governor.  COMMISSION  will  issue  from  the  Secretary 
of  State  to  the  district  court  clerk,  who  will  notify  the  applicant.  Fee, 
$2.50.  TERM — Four  years.  BOND— $1,000,  with  sureties  approved  by 
the  chairman  of  the  board  of  supervisors.  File  with  County  Recorder. 
OATH  to  be  taken  before  an  officer  authorized  to  administer  oaths. 
Within  twenty  days  same  to  be  recorded  with  district  clerk. 
DUTIES — To  take  acknowledgments  or  proofs  of  instruments  in  writ- 
ing, affidavits,  depositions,  oaths  and  affirmations,  demand  acceptances 
or  payment,  protest  commercial  paper.  SEAL  to  be  procured  containing 
' '  Notary  Public, ' '  his  name  and  county.  Authenticate  all  acts  with 
same.  State  expiration  of  office.  Acts  received  as  evidence  throughout 
the  State.  RECORD  to  be  kept  of  all  official  acts.  REMOVAL  from 
office,  by  death  or  otherwise,  deposit  all  records  and  papers  with  County 
Recorder  within  three  months,  under  penalty  of  from  fifty  to  five  hun- 
dred dollars.  Destruction  or  defacing  records  subjects  to  heavy  fine. 
JURISDICTION — In  the  county  of  appointment.  Oaths  and  affidavits 
required  to  be  taken  in  other  States,  may  be  taken  before  any  judge 
or  commissioner  of  a  court  of  record,  master  in  chancery  or  notary 
public  authorized,  under  their  official  seals.  FEES — Protesting  a  bill 
or  note  for  non-acceptance  or  non-payment,  registering  and  seal,  $2.00; 
each  notice  of  protest,  50c;  protest  in  other  cases  for  each  100  words, 
20c;  certificate  and  seal  to  such  protest,  75c;  taking  acknowledgments, 
etc.,  75c;  taking  acknowledgment  of  married  women,  75c;  administer- 
ing oath  or  affirmation,  75c;  certificates  under  seal  not  provided  for, 
75c;  copies  of  records,  certificate  and  seal,  less  than  200  words,  75c; 
if  more  than  200  words,  per  additional  100,  20c;  all  other  notarial 
acts,  50c;  deposition  of  witness  per  100  words,  20c;  swearing  witness 
to  deposition  and  other  business  therewith,  75c;  acknowledgment  to 
bill  of  sale,  25c. 

§25.  Arkansas— ELIGIBILITY— Citizen  of  the  county  for  which 
appointed.  APPOINTMENT— By  governor.  TERM  of  Office — Four 
years.  COMMISSION  Fee,  $5.00.  BOND— $1,000  with  security.  OATH 
required.  DUTIES — To  take  acknowledgments  or  proofs  of  written 
instruments,  depositions,  in  and  out  of  the  State,  affidavits,  to  administer 
oaths  and  affirmations.  SEAL — He  must  provide  a  seal  of  his  office, 
to  represent  by  its  impression  the  emblems  and  devices  presented 
by  the  great  seal  of  State,  surrounded  by  the  words  "Notary  Public, 
County  of  ,  Ark."  All  official  acts  to  be  authenticated  there- 
with. Must  state  when  his  commission  expires,  on  all  acknowledg- 
ments or  jurats.  Penalty  for  omission  is  $5.00.  RECORD — Shall  keep 
a  record  of  all  his  official  acts  in  a  book  for  that  purpose  and  give  a 
certified  copy  of  any  record  to  any  person  applying  therefor  on  pay- 
ment of  the  fee.  REMOVAL — All  papers  and  records  to  be  delivered 
to  the  County  Clerk.  Acts  received  as  evidence  of  the  facts  stated. 
FEES — For  noting  for  protest,  50c;  entering  protest,  75c;  registering 
protest,  40c;  notice  to  endorsers,  etc.,  each,  50c;  taking  acknowledg- 
ment,  50c;     each    marine   protest,    $2.00;     protest   to    secure   insurance, 


THE   OFFICE   AND   ITS   REQUIREMENTS.  17 

$2.00;  copy  of  record  and  papers  in  his  office,  each  100  words,  5c;  each 
deposition,  $2.00;  mileage  to  and  from  place  to  officer's  office,  per  mile, 
5c;  all  fees  not  to  exceed  for  the  day,  $5.00;  if  more  than  one  day, 
for  each  day,  $2.00;  for  issuing  subpoena,  50;  for  issuing  order  of 
arrest,    50c. 

§26.  California— ELIGIBILITY— Must  be  a  citiaen  of  the  United 
States  and  of  this  State,  21  years  of  age,  resident  of  county  for  six 
months.  WOMEN  having  these  qualifications  can  be  appointed.  County 
officers  cannot  act,  except  district  attorneys  and  treasurers.  APPOINT- 
MENT— By  the  governor.  Commission  Fee  to  State  Secretary,  $5.00. 
OATH  to  be  taken.  TERM— Four  years.  BOND— $5,000,  to  be  ap- 
proved by  the  judge  of  the  County  Superior  Court.  Bond  and  oath 
to  be  filed  with  County  Clerk  in  twenty  days,  duplicates  with  clerk 's 
certificate  of  these  facts  to  be  sent  to  the  Secretary  of  State  in  thirty 
days  by  the  notary.  SEAL — To  provide  and  keep  an  official  seal, 
having  engraved  thereon  the  arms  of  the  State,  the  words  "Notary 
Public,"  and  the  county  for  which  commissioned.  All  acts  to  be 
authenticated  therewith.  Same  is  prima  facie  evidence  of  the  facts 
contained  therein.  DUTIES — To  take  acknowledgment  or  proofs  of 
instruments  in  writing  in  his  county.  To  take  depositions,  affidavits, 
administer  oaths  and  affirmations  incident  to  the  office  or  to  be  used 
before  any  court,  judge,  officer,  or  board  in  this  State.  When  requested, 
to  demand  acceptance  and  payment  of  bills  of  exchange,  or  promissory 
notes,  to  protest  same  for  non-acceptance  or  non-payment,  to  exercise 
such  other  powers  and  duties  as  by  the  law  of  nations  and  commercial 
usages,  or  by  the  laws  of  any  other  State,  government,  or  country,  may 
be  performed  by  notaries.  REMOVAL,  by  death,  resignation  or  dis- 
qualification, all  records  must  be  delivered  to  the  County  Clerk  within 
thirty  days.  RECORD — All  their  official  acts,  parties  to,  date,  and 
character  of  every  instrument  acknowledged  or  proved  by  them.  To 
give  certified  copies  of  same  when  so  requested  and  upon  receipt  of 
their  fees.  LIABILITIES — Notary  and  his  sureties  liable  for  his 
misconduct  or  neglect  to  all  parties  injured,  for  damages.  FEES — 
Protest,  $2.00;  notice  of,  $1.00;  recording  same,  $1.00;  drawing  affi- 
davit, deposition  or  other  paper  not  herein  mentioned,  each  folio,  30c; 
taking  acknowledgments,  etc.,  for  the  first  two  signatures,  $1.00  each; 
additional  signatures,  50c  each;  administering  oath  or  affirmation,  50c; 
every  certificate,  including  writing  and  seal,  $1.00. 

§27.  Colorado— ELIGIBILITY— Citizenship.  WOMEN— Not  elig- 
gible.  APPOINTMENT— By  Governor.  COMMISSION  to  be  recorded 
with  the  County  Clerk  before  entering  upon  the  duties  of  the  office. 
TERM— Four  years.  BOND— $1,000,  same  to  be  approved  by  the 
County  Clerk.  OATH — To  be  taken  before  entering  upon  the  duties 
of  the  office.  Bond,  and  oath  endorsed  thereon,  to  be  recorded  with  the 
County  Register  of  Deeds.  POWERS  AND  OFFICIAL  DUTIES— Take 
proofs  of  acknowledgment  of  all  instruments  of  writing  relating  to 
commerce  and  navigation,  administer  oaths,  make  declarations,  protests, 
and  all  acts  usually  performed  by  notaries  in  other  States  and  terri- 
tories. Act  only  in  the  county  of  appointment.  SEAL — To  provide  an 
2 


18  NOTARIES  PUBLIC. 

official  seal,  consisting  of  an  impression  on  paper  or  wax,  setting  forth 
the  notary's  name  and  residence.  He  shall  designate  in  writing  the 
date  of  expiration  of  his  commission.  All  official  acts  to  be  attested 
therewith.  RECORD — Must  keep  record  of  all  his  official  acts,  and,  when 
required,  give  certified  copies  of  same  upon  receiving  his  usual  fee. 
REMOVAL — "Within  thirty  days  all  papers  and  records  to  be  deposited 
with  County  Register  of  Deeds.  LIABILITY — Failure  to  do  so  is 
unlawful,  and  the  aggrieved  party  may  recover  damages  upon  his  bond 
of  not  less  than  $100.00  for  each  offense,  and  shall  forfeit  commission 
for  unfaithfulness  in  office.  FEES — Noting  for  protest,  50c;  protesting 
and  record,  75c;  notices,  each,  50c;  certificate  and  seal,  each,  50c; 
acknowledgments,  one,  50c;  additional,  each,  25c;  depositions,  per  100 
words,  15c;  swearing,  seal  and  certificate,  25c;  other  fees  same  as 
justices. 

§  28.  Connecticut — ELIGIBILITY — Citizen — Women  are  eligible. 
APPOINTMENT— By  Governor.  COMMISSION  FEE— $1.00,  half  pay- 
able to  State  Treasurer.  TERM — Two  years  from  February  1.  BOND — 
Not  required.  OATH — To  be  filed  with  the  County  Superior  Court 
Clerk.  Filing  record  of  commission  and  oath,  recorded  with  County 
Superior  Court  Clerk,  who  may  certify  to  his  authority  and  official  acts. 
In  New  London  County  the  record  is  made  by  the  Clerk  of  the  Court 
of  Common  Pleas.  The  Secretary  to  give  notice  of  revocation  of  com- 
mission within  five  days  to  the  Clerk  of  the  County  Superior  Court. 
SEAL— Not  required.  RECORD— Not  required.  REMOVAL— No  stat- 
ute. LIABILITIES— No  statute.  JURISDICTION— Any  place  in  the 
State.  FEE  OF  NOTARY — Marine  protest,  $2.00;  entering  protest  of 
bill  or  note,  or  noting  without  protest,  or  administering  an  oath,  taking 
acknowledgment  under  seal,  50c;  noting  a  bill  or  note  for  protest, 
recording  protest,  each  notice  to  endorsers,  etc.,  25c;  travel,  per  mile, 
10c;  oath  to  a  pensioner,  25c;  fee  of  witness,  per  day,  50c;  fee  of 
witness  for  travel,  per  mile,  10c;  depositions  in  State,  each,  $3.00; 
depositions  out  of  State,  each,  $5.00;  acknowledgments,  25c;  affidavits, 
10c;    oaths,  out  of  court,  10c;    subpoena,  25c. 

§29.  Delaware— ELIGIBILITY— A  citizen  of  the  United  States, 
to  reside  in  the  hundred  for  which  appointed.  APPOINTMENT — By 
the  Governor.  COMMISSION  FEE — For  appointment,  $10;  payable  to 
the  Secretary  of  State.  TERM— Seven  years.  OATH— To  faithfully 
discharge  the  duties  of  his  office,  duly  signed  and  certified,  shall  be 
filed  with  the  County  Recorder.  DUTIES  AND  POWERS— To  ac- 
knowledge deeds  and  other  instruments.  To  take  the  private  exam- 
ination of  married  women  parties  to  a  deed,  administer  oaths,  etc. 
DUTIES  notaries  public  in  the  City  of  Wilmington  and  New  Castle. 
To  give  notice  of  the  non-acceptance,  non-payment  and  protest  of  any 
negotiable  instrument,  by  mail,  on  the  same  day  in  which  it  was  pro- 
tested, directed  to  the  residence  or  place  of  business  of  the  party 
sought  to  be  charged.  The  notice  to  be  mailed  personally  by  the  notary, 
to  which  fact  the  notary  shall  make  oath  or  affirmation  if  necessary. 
SEAL — To  have  a  seal  engraved  with  name  of  notary,  title,  date  of 
appointment,  anything  else  desired,  term  of  office.    RECORD  to  be  kept 


THE   OFFICE   AND   ITS   REQUIREMENTS.  19 

of  official  acts.  REMOVAL  or  expiration  of  office  deposit  with  County 
Recorder.  A  notary  appointed  for  a  bank,  having  an  official  position 
in  the  bank,  shall  cease  to  act  as  notary  when  he  ceases  to  hold  his 
connection  with  such  bank.  LIABILITY  for  unfaithfulness  in  duties. 
FEES  allowed — Taking  an  acknowledgment,  $1.00;  taking  and  certify- 
ing an  affidavit,  50c;  taking  depositions,  court  to  allow  a  reasonable 
fee. 

§  30.  District  of  Columbia— ELIGIBILITY— Resident  of  the  district. 
APPOINTMENT— By  the  President.  TERM  OF  OFFICE— Five  years. 
BOND  for  $2,000  with  security  approved  by  the  Supreme  Court  or  a 
Justice  thereof.  OATH  of  office  to  be  taken.  He  shall  deposit  an 
impression  of  his  seal  and  signature  with  the  Clerk  of  the  Supreme 
Court  of  the  District.  DUTIES — To  take  depositions,  acknowledg- 
ments, affidavits  and  oaths,  to  demand  acceptance  and  payment  of 
bills  of  exchange,  etc.,  and  to  protest  the  same.  They  may  perform 
such  other  acts  for  use  and  effect  beyond  the  jurisdiction  of  the  District 
according  to  the  law  of  any  State,  territory  or  foreign  government. 
SEAL — To  provide  a  notarial  seal,  with  which  he  shall  authenticate  his 
official  acts.  RECORD — To  keep  a  fair  record  of  all  his  official  acts, 
and,  when  required,  to  give  a  certified  copy  of  any  record  in  his  office 
to  any  person  upon  payment  of  the  fees  therefor.  REMOVAL  by 
death,  resignation  or  removal  from  office,  all  records  and  official  papers 
to  be  deposited  with  the  Clerk  of  the  Supreme  Court  of  the  District. 
LIABILITY — Any  notary  taking  a  higher  fee  than  allowed  shall  be 
fined  $100  and  be  removed  from  office  by  the  Supreme  Court  of  the 
District.  The  original  protest  of  a  notary  public,  under  his  hand 
and  official  seal,  of  any  bill  of  exchange  or  promissory  note  for  non- 
acceptance  or  non-payment,  stating  the  presentment,  service  of  notice, 
mode  of  notice,  reputed  residence  of  the  party,  and  the  nearest 
postoffiee,  same  shall  be  prima  facie  evidence  of  facts  stated.  The 
certificate  of  a  notary  public,  under  his  hand  and  seal  of  office,  drawn 
from  his  record,  stating  the  protest  and  the  facts  therein  recorded,  shall 
be  evidence  of  the  facts.  Seal  and  official  documents  are  exempt  from 
execution.  NOTARY'S  FEES— Certificate  and  seal,  50c;  taking  de- 
positions, per  100  words,  10c;  administering  an  oath,  15c;  taking 
acknowledgments  with  certificate,  50c;  protesting  and  recording,  $1.75; 
each  notice  of  protest,  10c;  each  demand  for  acceptance  or  payment, 
if  accepted  or  paid,  $1.00.  To  be  paid  by  the  party  accepting  or  paying 
the  same;    each  noting  of  protest,  $1.00. 

§  31.  Florida— ELIGIBILITY— Citizen  of  the  United  States.  COM- 
MISSION FEE,  $1.00.  APPOINTMENT— By  the  Governor.  TERM— 
Four  years.  BOND  for  $500,  with  two  sureties,  subject  to  approval  of 
the  County  Commissioners  and  Comptroller,  which  with  oath  is  to  be 
filed  with  the  Secretary  of  State.  TAKE  OATH  for  faithful  perform- 
ance of  duties.  DUTIES — To  take  oaths,  acknowledgments,  protests, 
and  solemnize  marriages.  State  expiration  of  commission  on  all  docu- 
ments. SEAL — To  procure  an  official  seal  for  authenticating  his  acts. 
RECORD  to  be  kept  of  official  acts.  REMOVAL  from  or  expiration  of 
office,  records  to  be  deposited  with  the  County  Comptroller.    LIABILITY 


20  NOTARIES  PUBLIC. 

for  unfaithfulness.  FEES — For  protesting  bills,  notes,  etc.,  $2.00;  noting 
marine  protest,  etc.,  $2.00;  administering  oath,  10c;  attendance  at  a 
demand,  tender  or  deposit  and  noting,  $1.00;  each  order  for  survey, 
50c;  copying  papers  necessary,  per  100  words,  20c;  additional  100  words 
or  fraction,  10c;  acknowledgments,  50c;  each  certificate  with  seal,  50c. 

§32.  Georgia — ELIGIBILITY — Citizen  of  the  United  States,  21 
years  old,  or  an  attorney,  and  of  good  moral  character.  APPOINT- 
MENT— By  the  judges  of  the  Superior  Courts,  in  vacation  or  in  term 
time.  TERM  OF  OFFICE — Four  years,  revocable  at  any  time  by  the 
judges.  COMMISSION — The  Clerk  issues  it  and  keeps  a  register  of 
their  names.  FEE  for  same,  $2.00  in  full.  BOND— None  required. 
OATH  of  office  to  be  taken  before  the  Clerk  of  the  Superior  Court, 
before  entering  upon  their  duties,  which  shall  be  entered  on  the  minutes 
of  the  court,  as  follows:  I,  do  solemnly  swear,  (or  affirm,)  that  I  will 
well  and  truly  perform  the  duties  of  a  notary  public  for  the  County 

of ,  to  the  best  of  my  ability;    and  I  further  swear,  or  affirm,  that  I 

am  not  the  holder  of  any  public  money  belonging  to  the  State,  and 
unaccounted  for.  So  help  me  God.  DUTIES  AND  POWERS— To  take 
acknowledgments  relating  to  commerce  and  navigation,  and  to  witness 
such  deeds  and  papers  as  they  are  permitted  by  law.  To  demand 
acceptance  and  payment  of  commercial  paper,  or  paper  entitled  to  days 
of  grace,  to  note  and  protest  the  same.  To  certify  all  official  acts 
when  required.  To  administer  oaths  which  are  not  required  by  law  to 
be  administered  by  a  particular  officer.  To  exercise  all  other  powers 
incumbent  upon  them  by  commercial  usage  or  the  laws  of  this  State. 
They  cannot  issue  attachments  or  garnishments,  or  subscribe  affidavits 
or  approve  bonds  for  the  same.  JURISDICTION — The  county  of  their 
residence  and  appointment.  SEAL  to  be  provided  for  authenticating 
his  official  acts,  having  the  impression  of  his  name  officially,  the  name 
of  the  State  and  county  of  his  appointment.  No  seal  is  required  to  his 
attestation  of  deeds.  RECORD  to  be  kept  of  his  official  acts  signed  by 
him  with  dates.  REMOVAL  from  county  vacates  office.  LIABILITIES 
for  excess  of  charges.  FEES — Protesting  and  notice  on  $200  or  less, 
50c;  $200  to  $1,000,  $1.00;  $1,000  to  $3,000,  $2.00;  over  $3,000,  $3.  In- 
cludes noting,  protesting  and  giving  notice,  copies  and  all  evidence  of 
debt;  administering  an  oath,  30c;  attendance  on  any  person  to  make 
proof  as  a  notary  and  certifying  same,  $1.00;  every  other  certificate,  50c. 
The  cost  of  registering  is  a  charge  and  must  be  charged  in  the  costs  at 
the  same  time  and  paid  by  the  party  for  whose  benefit  the  noting  and 
protesting  was  done. 

NOTARIES  FOR  MILITARY  DISTRICTS.— APPOINTMENT— By 
judges  of  the  Superior  Court  in  their  respective  circuits  at  the  term  of 
court  next  preceding  the  vacancy  or  at  some  succeeding  term  after 
such  vacancy  has  occurred.  Recommendation  of  to  be  by  the  grand 
juries  of  each  county.  COMMISSIONED  by  the  Governor.  TERM— 
Four  years.  They  are  ex-officio  justices  of  the  peace.  Removable  on 
conviction  of  malpractice  in  office.  ACTS — Bills  of  exchange,  drafts 
and  promissory  notes,  required  by  the  laws  of  this  State,  may  be  proved 


THE   OFFICE  AND   ITS  REQUIREMENTS.  21 

by  the  certificate  of  such  notary  under  his  hand  and  seal;  certificate 
must  be  filed  in  court  at  first  term  and  remain  until  trial.  JURIS- 
DICTION extends  over  their  districts,  and  of  other  districts  in  certain 
cases.  They  may  sue  or  be  sued  before  the  other  in  the  district;  may 
preside  in  any  district  of  their  county  when  the  other  is  disqualified. 
OATH,  before  entering  on  their  office,  to  be  taken  and  subscribed  before 
the  ordinary  of  the  county,  viz.:  "I  do  swear  that  I  will  administer 
justice  without  respect  to  persons,  and  do  equal  rights  to  the  poor  and 
to  the  rich,  and  that  I  will  faithfully  discharge  all  the  duties  incum- 
bent on  me  as  a  justice  of  the  peace  for  the  County  of ,  agreeably 

to  the  constitution  and  laws  of  this  State,  and  according  to  the  best  of 
my  ability  and  understanding.     So  help  me  God. 

§  33.  Hawaiian  Islands— ELIGIBILITY— Citizen  of  Republic.  Can- 
not be  a  member  of  the  legislature.  APPOINTMENT  by  the  Minister 
of  the  Interior.  Term  until  removal.  OATH  to  be  subscribed  to. 
SEAL  to  be  procured,  having  engraved  on  it  his  name  and  ' '  Notary 
Public,"  "Hawaiian  Islands."  BOND— DUTIES— When  requested,  to 
enter  on  record  all  losses  or  damages  sustained  or  apprehended  by  sea 
or  land,  all  averages,  such  other  matters  as  by  mercantile  usage  apper- 
tain to  his  office,  and  cause  protest  of  same.  All  facts,  extracts  from 
documents  shall  be  signed  and  sworn  to  by  persons  appearing  for 
protest.  He  shall  note,  extend  and  record  same,  grant  copies  under 
his  signature.  Present  for  payment,  etc.,  and  protest,  and  give  notice, 
of  negotiable  paper,  and  other  duties  usual  by  usage  of  merchants, 
same  to  be  legal  evidences.  Administer  oaths,  take  depositions. 
RECORD  to  be  kept  of  all  official  acts.  FEES — Noting  protest,  $2.00 
each;  notice  of,  $2.00;  noting  any  other  protest,  $3.00;  each  notice  of, 
$3.00;    depositions,  $2.00;    oath  and  certificate,  25c. 

§34.  Idaho — ELIGIBILITY — An  elector  and  a  resident  of  the 
county.  APPOINTMENT— By  Governor.  COMMISSION  FEE,  $10.00. 
TERM— Four  years.  BOND— With  sureties  for  $1,000,  approved  by  the 
County  Probate  Judge.  OATH  of  office  to  be  taken.  Bond  and  oath 
of  office  with  signature  and  impression  of  his  official  seal  to  be  filed 
with  the  Secretary  of  State.  Certificate  of  the  filing  under  the  seal  of 
the  Secretary  of  State  must  be  filed  with  the  Clerk  of  the  County 
District  Court.  DUTIES — To  demand  acceptance  and  payment  of  bills 
of  exchange,  or  promissory  notes;  to  protest  same  for  non-acceptance  or 
non-payment,  and  such  acts  as  the  law  of  nations  and  commercial 
usages  require;  to  take  acknowledgments,  depositions,  administer  oaths 
and  affirmations.  PROTEST — Under  his  hand  and  seal,  stating  present- 
ment and  non-acceptance  or  non-payment  thereof,  the  service  of  notice 
specifying  the  mode,  place  of  residence  of  the  party  and  the  postoffice 
nearest  to,  is  prima  facie  evidence  of  the  facts.  SEAL — To  provide 
and  keep  an  official  seal  having  on  it  "Notary  Public"  and  name  of  his 
county.  All  official  acts  to  be  authenticated  with  same.  RECORD  of 
his  official  acts  to  be  kept  by  him,  and  to  give  certified  copies  of  when 
requested  and  paid  for.  ON  REMOVAL,  by  death,  resignation  or  re- 
moval from  the  county,  or  disqualification,  his  records  and  papers  must, 
within  thirty   days,  be    delivered    to    the    County   Recorder,   who    must 


22  NOTAEIES  PUBLIC. 

deliver  them  to  the  notary's  successor.  A  notary  having  the  records 
and  papers  of  his  predecessor  may  grant  certificates  or  give  certified 
copies  with  same  effect  as  his  predecessor.  LIABILITY — For  official 
misconduct  or  neglect  the  notary  and  his  sureties  are  liable  to  the 
parties  injured  for  all  damages.  FEES — Protesting,  $3.00;  serving 
notice  of  protest,  $1.00;  recording  protest,  50c;  drawing  papers  not  here 
provided  for,  per  folio,  30c;  taking  an  acknowledgment,  50c;  adminis 
tering  oath,  25c;    certificate  under  seal,  50c. 

§  35.  Illinois — ELIGIBILITY — Twenty-one  years  of  age;  a  citizen 
of  the  United  States,  and  a  resident  of  Illinois  for  one  year.  WOMEN 
are  eligible.  APPOINTMENT — By  the  Governor,  with  the  advice  and 
consent  of  the  Senate.  As  many  as  he  deems  necessary  in  each  county. 
A  petition,  signed  by  fifty  legal  voters  of  the  city,  town,  village  or 
precinct  where  the  applicant  resides  shall  be  sent  with  the  application. 
COMMISSION  fee,  payable  to  the  Secretary  of  State  when  the  appli- 
cation is  made,  is  $2.00.  TEEM  OF  OFFICE— Four  years,  unless 
sooner  removed  by  the  Governor.  BOND — Payable  to  the  State  of 
Illinois,  for  $1,000,  with  sureties  approved  by  the  Governor,  conditioned 
for  the  faithful  discharge  of  the  duties  of  the  office.  OATH  of  office  to 
be  taken  and  subscribed  to.  Oath  and  bond  to  be  deposited  with  the 
Secretary  of  State.  On  receipt  of  commission,  same  must  be  recorded 
in  the  office  of  the  County  Clerk,  for  which  a  fee  of  twenty-five  cents 
shall  be  paid.  SEAL — An  official  seal  shall  be  procured,  with  engraved 
words  descriptive  of  the  office,  the  name  of  the  place  or  county  where 
resident.  With  this  he  shall  authenticate  his  official  acts.  All  the 
above  is  required  before  acting.  DUTIES  AND  POWERS— To  protest 
commercial  paper  for  non-acceptance  or  non-payment,  and  to  give 
written  notice  of  same  on  the  same  day  of  protest  to  each  and  every 
endorser  and  maker,  or  within  forty-eight  hours  of  the  time  of  such 
protest;  personal  notice  to  be  served  if  within  one  mile  of  his  office 
or  if  town  has  over  ten  thousand  inhabitants,  then  service  made  by 
mail;  take  depositions,  oaths,  acknowledgments.  JURISDICTION — 
Can  execute  the  duties  of  his  office  throughout  the  State,  while  he 
remains  in  the  same  county.  RECORD  to  be  kept  of  all  protests  and 
notices  of  same  with  description  of  instrument  and  amount.  ON 
REMOVAL,  by  expiration  of  office  or  death,  all  his  official  records  shall 
be  deposited  with  his  County  Clerk.  If  reappointed  to  office  he  shall 
retain  same  throughout  the  term  of  reappointment.  CERTIFICATE 
OF  MAGISTRACY  can  be  procured  from  the  Clerk  of  the  county  where 
entry  was  made  under  the  Clerk's  hand  and  official  seal,  or  can  be 
procured  from  the  Secretary  of  State,  under  the  great  seal  of  the  State. 
Fee,  25c.  All  notarial  acts  of  notaries  in  this  State  authenticated  by 
seal  prior  to  the  passage  of  the  present  law  are  held  good  and  valid. 
Act  of  May  1,  1873,  S.  and  O,  p.  2818.  All  certificates  of  notaries  in 
this  State  prior  to  the  present  law,  failing  to  show  the  name  of  city, 
town  or  county  for  which  the  notary  was  commissioned,  if  shown 
from  the  certificate  to  have  been  performed  in  this  State,  are  validated. 
(L.  1869.)  S.  and  C,  1896,  Ed.  p.  2819.  LIABILITY  for  neglect.  Where 
the  law  imposes  an  obligation   and  confers  the  power  to   enforce   it   it 


THE  OFFICE  AND   ITS  KEQUIREMENTS.  23 

implies  a  liability  for  neglect  of  the  obligation.  Gillett  v.  Ellis,  11  111., 
579.  FEES — For  taking  acknowledgment  of  a  deed,  mortgage,  power 
of  attorney,  or  other  writing,  with  certificate  under  seal,  25c;  for  noting 
a  bond  or  promissory  note,  or  bill  of  exchange  for  protest,  25c;  for 
protesting  bond  or  bill  of  exchange,  75c;  for  noting  protest,  25c;  for 
noting  marine  protest  and  furnishing  one  copy  thereof,  $1.00;  for 
extending  marine  protest  and  furnishing  one  copy  thereof,  $4.00; 
each  additional  copy  furnished,  $1.00;  for  giving  notice  to  drawees 
and  endorsers,  each,  25c;  for  any  other  certificate  under  seal,  25c;  for 
administering  oath  to  an  affiant,  25c;  for  taking  depositions,  for  each 
one  hundred  words,  in  counties  of  first  and  second  classes,  15c;  in 
counties  of  the  third  class,  10c. 

§  36.  Indian  Territory— ELIGIBILITY— Citizens.  APPOINTMENT 
—By  the  Governor.  TERM— Four  years.  COMMISSION— Fee,  $5.00 
to  Secretary  of  State.  BOND — For  $1,000  with  approved  securities 
by  the  County  Circuit  Court  Clerk,  same  to  be  filed  with  the  County 
Recorder  of  Deeds.  OATH  to  be  given  within  ten  days  of  appointment. 
SEAL — To  provide  same,  having  engraved  on  it  the  emblem  of  the 
State    seal,    surrounded    by    the    words,    "Notary    Public,"    "County 

of ,  I.  T., "  with  which  he  shall  authenticate  his  official  acts.     Can 

use  his  private  seal  until  official  seal  is  procured.  DUTIES  AND 
POWERS — To  administer  oaths,  take  acknowledgments,  depositions,, 
protest  commercial  paper,  make  declarations,  take  affidavits  and  certify 
.  same  under  his  official  seal.  Can  act  in  these  matters  for  use  in  U.  S. 
courts.  JURISDICTION— County.  RECORD— To  be  kept  of  his  oflicial 
acts  and  copies  supplied  when  wanted  and  paid  for.  REMOVAL  from 
office  by  expiration  of  term,  change  of  residence,  sickness,  death  or 
otherwise,  records  to  be  delivered  to  the  County  Clerk.  LIABILITY — 
Misfeasance,  perjury,  wrong  statements,  or  falsely  certifying.  FEES — 
Noting  protest,  50c;  entering  protest,  75c;  registering  protest,  40c;  each 
notice,  50c;  acknowledgments,  50c;  marine  protest,  each,  $2.00;  protest 
to  secure  insurance,  $2.00;    copy  of  records  and  papers,  per  100  words,  5c. 

§  37.  Indiana — ELIGIBILITY — Upon  certificates  of"  good  moral 
character,  and  qualifications  from  the  judges  of  the  Circuit  Courts  of 
the  county  of  the  applicant.  WOMEN  are  eligible.  APPOINT- 
MENT—By  the  Governor.  COMMISSION  Fee,  $1.00.  For  record- 
ing bond,  25c,  to  Secretary  of  State  and  Clerk  of  Circuit  Court. 
TERM  OF  OFFICE— Four  years.  Wilfully  acting  after  expira- 
tion subject  to  a  fine  from  $25  to  $500.  BOND— To  be  filed  with  the 
Clerk  of  the  County  Circuit  Court;  approval  by  him  for  $1,000.  AN 
OATH  of  office  to  be  taken  before  entering  upon  their  duties.  POWERS 
— To  do  all  acts  authorized  by  the  common  law  and  the  custom  of 
merchants;  to  certify  acknowledgments,  affidavits,  depositions;  admin- 
ister oaths.  JURISDICTION — Throughout  the  State  but  not  compulsory 
beyond  his  resident  county.  SEAL — To  procure  a  seal  indicating  his 
official  character,  with  such  other  devices  as  he  may  choose.  All  acts 
not  attested  by  such  seal  to  be  void.  But  one  protest  on  bank  notes. 
All  the  bank  notes  held  or  owned  by  any  individual  or  his  lawful  attor- 
ney on  any  one  day  and  presented  at  any  bank  for  protest,  shall  be,  by 


24  NOTARIES  PUBLIC. 

the  notary  public,  carefuly  counted,  sealed  up  in  a  package,  and  for- 
warded to  the  office  of  the  auditor  of  State,  and  shall  be  entiled  to  but 
a  single  protest.  LIABILITY — Overcharging  and  unfaithfulness  is  a 
misdemeanor  punishable  by  a  fine  not  exceeding  one  hundred  dollars 
for  each  offense  and  loss  of  notarial  commission.  RECORD  of  official 
acts  to  be  kept.  REMOVAL  or  expiration  of  office,  deposit  records 
with  County  Circuit  Clerks.  A  notary's  certificate,  attested  with  his 
official  seal,  is  presumptive  evidence  of  the  facts  stated.  Applicable 
to  all  notaries  in  the  United  States.  WHO  CANNOT  ACT  AS  A 
NOTARY — An  officer  in  any  corporation,  association  or  bank  in  the 
business  of  such  concerns  cannot  act  as  a  notary;  nor  a  person  holding 
a  lucrative  office  there.  An  acceptance  of  such  vacates  his  office  as 
notary.  Jurat  must  give  expiration  of  his  office  under  a  penalty  of 
$25.00.  FEES — Certificate  and  seal,  50c;  taking  deposition,  for  100 
words,  10c;  administering  an  oath,  10c;  each  protest,  50c;  each  notice 
of  protest,  25c;  copying  protest,  for  100  words,  10c;  acknowledgments 
and  seal,  25c;    certifying  to  certificate  of  parent  or  guardian,  10c. 

§  38.  Iowa— ELIGIBILITY— Citizen  of  the  United  States.  WOMEN 
—Not  eligible.  APPOINTMENT— By  Governor.  COMMISSION  fee, 
$5.00.  If  satisfactory  the  commission  will  issue  from  the  Secretary  of 
State,  who  will  advise  the  Clerk  of  the  District  Court  of  the  County. 
He  will  file  same  for  record.  Revocation  occurring,  the  Secretary  of 
State  will  advise  the  party  and  the  Clerk  of  the  District  Court.  TERM 
— Three  years  from  July  4.  Secretary  of  State  will  notify  on  expiration. 
BOND — For  $500,  approved  by  the  Clerk  of  the  County  District  Court, 
shall  with  signature  and  impression  of  official  seal  attached  be  filed 
with  the  Secretary  of  State.  OATH  of  office  to  be  taken.  POWERS 
and  duties  of  the  office  are  such  as  pertain  by  the  custom  law  of  mer- 
chants. May  take  acknowledgments  in  counties  adjoining  that  of  their 
residence  in  which  a  certified  copy  of  their  certificate  of  appointment 
may  be  on  file  with  the  Clerk  of  the  District  Court.  SEAL — To  procure 
a  seal  having  the  words  "Notarial  Seal,"  "Iowa,"  and  the  notary's 
name.  RECORD  of  all  notices  sent  and  to  whom  sent  is  required. 
REMOVAL  FROM  OFFICE  or  the  county,  the  records  of  the  office  are 
to  be  deposited  with  the  Clerk  of  the  County  District  Court  within 
three  months  under  penalty  and  liability  to  party  injured  thereby,  Clerk 
to  keep  same  and  give  attested  copies  of  when  required.  LIABILITY — 
Acting  after  removal  or  expiration  of  office,  or  signing  documents  when 
the  parties  have  not  appeared  before  him,  shall  be  fined  not  less  than 
$50  and  removed  from  office.  FEES — Protesting,  75c;  registering 
protest,  50c;  being  present  and  noting  a  demand,  tender  or  deposit,  50c; 
administering  an  oath,  5c;  certifying  to  same  under  seal,  25c;  cer- 
tificate under  seal,  25c;  other  services  same  as  justices  of  the  peace; 
drawing  and  certifying  an  affidavit,  25c;  affixing  seal,  35c;  manuscript 
of  papers  under  his  control,  for  100  words,  10c;  taking  deposition,  for 
100  words,  10c. 

§39.  Kansas— ELIGIBILITY— Citizen  of  the  United  States. 
WOMEN— Not  eligible.  APPOINTMENT— By  Governor.  The  commis- 
sion,  bond,   oath   of   office,   signature   and   impression   of   his   seal   to  be 


THE   OFFICE  AND  ITS  REQUIREMENTS.  25 

recorded  with  the  Clerk  of  the  County  District  Court  and  a  fee  paid  of 
one  dollar.  After  record  the  papers  to  be  sent  to  the  Secretary  of 
State  with  a  fee  of  one  dollar  for  filing  the  same.  TERM  of  office,  four 
years.  BOND  to  be  given  with  sureties  approved  by  the  County  District 
Court  Clerk  for  $1,000.  OATH  of  office  to  be  taken.  DUTIES  AND 
POWERS — To  take  acknowledgments,  administer  oaths,  demand  accept- 
ance or  payment  of  bills  of  exchange  and  promissory  notes,  protest 
same  when  required,  and  to  exercise  such  other  powers  and  duties  as 
required  by  the  law  of  nations  and  commercial  usage.  SEAL — To  be 
procured,  containing  notary's  name  and  place  of  residence.  All  official 
acts  to  be  authenticated  with  it.  He  shall  add  to  his  signature  the 
date  of  expiration  of  his  commission.  Neglect  of  same  is  a  misde- 
meanor punishable  by  fine  of  one  hundred  dollars.  JURISDICTION — 
County  of  appointment.  A  RECORD  to  be  kept  of  his  official  acts, 
certified  copies  to  be  given  when  required,  and  the  customary  fee  paid. 
Protests  for  banks  shall  be  kept  in  a  book  provided  by  the  bank  for 
that  purpose,  the  same  to  be  delivered  to  the  bank  when  removed  from 
office.  ON  REMOVAL  from  office  by  death  or  otherwise,  all  official 
records  and  papers  to  be  placed  on  file  with  the  Clerk  of  the  County 
District  Court  within  thirty  days.  Limitation  of  suit  against  a  notary 
or  his  sureties  is  three  years  after  the  action  accrues.  FEES — Protest 
and  recording,  25c;  notice  of,  10c;  certificate  and  seal,  25c;  other 
services,  the  same  fees  allowed  District  Court  Clerk;  pension  cases,  no 
fee  over  15c. 

§40.  Kentucky— ELIGIBILITY— Citizen  not  disqualified  from 
holding  another  office.  APPOINTMENT— The  Governor  with  consent 
of  the  Senate  to  issue  commission.  COMMISSION— Fee  $2.00.  TERM 
of  office,  four  years.  BOND  with  good  sureties  to  be  filed  in  his 
County  Court  for  faithfulness.  OATH  of  office  to  be  taken  in  his 
County  Court  before  acting,  to  honestly  and  diligently  discharge  the 
duties  of  his  station.  DUTIES  AND  POWERS— Take  acknowledgments, 
oaths,  protest  commercial  paper.  Notice  of  Dishonor — After  protesting, 
notice  of  dishonor  to  be  sent  to  all  parties  thereto;  to  fix  their  liability 
when  their  residences  are  unknown  to  him,  he  shall  send  the  notices  to 
the  holders.  Names  of  the  parties  to  whom  notice  was  sent  shall  be 
stated  in  the  protest,  also  the  time  and  manner  of.  JURISDICTION — 
Named  in  the  commission.  SEAL  to  be  procured  to  authenticate  acts. 
RECORD  of  protests  to  be  recorded  in  an  indexed  book,  copies  of  which, 
certified  by  the  notary  under  his  official  seal,  shall  be  prima  facie  evi- 
dence in  all  courts  of  this  commonwealth.  REMOVAL — By  expiration, 
death,  or  otherwise,  all  records  of  office  to  be  filed  with  the  Clerk  of  the 
County  Court.  The  Clerk's  certified  copies  from  such  records  shall  be 
evidence  in  all  the  Courts  of  the  State.  Date  of  expiration  of  commission 
to  be  stated  on  all  his  certifications.  His  signature  and  official  seal  is  suf- 
ficient authentication  when  placed  on  all  instruments  required.  Vacancies 
filled  by  the  Governor  during  the  Senate's  recess,  the  appointment  to 
expire  at  the  end  of  the  next  session  of  the  Senate.  Protests  in  other 
States  properly  certified  shall  be  received  as  evidence  in  this  State. 
LIABILITY — A  false  statement  in  protest  of  notices  being  sent  shall  be 


26  NOTARIES  PUBLIC. 

deemed  false  swearing,  for  which  he  shall  be  confined  in  the  peni- 
tentiary not  less  than  one  nor  more  than  five  years.  Failure  to  record 
protests,  subject  to  forfeiture  of  fee  and  a  fine  of  five  dollars  recoverable 
before  any  justice  of  the  peace.  NOTARIAL  FEES — Every  attesting, 
protesting,  or  taking,  acknowledging,  and  certifying,  under  seal,  50c; 
recording  same,  75c;  notice  of  protest,  each,  25c;  administering  oath 
with  certificate,  20c. 

§  42.  Louisiana — ELIGIBILITY — A  male  citizen,  21  years  of  age, 
resident  of  the  parish  five  years,  to  pass  examination  before  the  judge 
of  the  Supreme,  District  or  Parish  Court.  In  New  Orleans,  two  years ' 
residence,  of  good  moral  character  and  competent.  APPOINTMENT — 
By  the  Governor  with  consent  of  Senate.  N.  O.  parish,  not  over  175  can 
be  appointed.  TERM — Five  years  or  as  often  as  bonds  are  renewed. 
BOND — $5,000  for  Orleans  parish,  $1,000  for  other  parishes,  with  ap- 
proved security,  executed  before  any  District  Court  Clerk,  same  with 
certificate  to  be  filed  with  auditor  of  public  accounts.  Renewable  every 
five  years.  In  New  Orleans,  $10,000,  with  one  or  more  good  solvent 
securities  appointed  by  Judge  of  New  Orleans  Civil  District  Court. 
OATH — DUTIES — To  make  inventories,  appraisements,  partitions,  re- 
ceive wills,  protests,  matrimonial  contracts,  conveyances,  contracts  and 
instruments  in  writing;  to  hold  meetings  of  creditors  and  families,  take 
acknowledgments,  affix  seals  upon  deceased  persons'  effects,  and  raise 
same;  to  administer  oaths.  Jurisdiction — Their  resident  parish.  SEAL 
— To  procure  seal.  RECORD  required  for  protests  parties,  etc., 
with  facts.  Also  all  deeds  to  be  recorded  with  register  for  New 
Orleans  within  48  hours  after  passage.  Acts  to  be  performed  in  their 
office  unless  party  prevented.  Names — Christian  name  of  married  or 
widowed  woman   to   be   given,   adding  that   she   is   the   wife   or   widow 

of .     Christian  name  and  not  initials  always  to  be  given  by  notary 

under  penalty  of  $100.  Registration  refused  if  otherwise.  Married 
women  over  21  years  can,  with  husband's  consent,  renounce  their  dotal, 
paraphernalia  and  other  rights  in  favor  of  third  parties.  Sale 
of  property  acts  can't  pass  until  all  taxes  are  paid.  Penalty  for  violat- 
ing is  $50  to  $200.  Movable  property  acts  to  be  recorded  with  parish 
recorder;  also  marriage  contracts  and  all  acts  passed  within  15  days. 
In  New  Orleans  the  office  to  be  kept  in  a  brick  building,  covered  with 
tile,  slate  or  terrace,  under  penalty.  LIABILITY  to  suspension  arid 
damages  for  malfeasance,  failure  to  record  acts.  Absence  granted  by 
Governor.  Custodian  of  Notarial  Records  for  parish  of  New  Orleans 
to  charge  same  fees  as  notaries  for  copies.  FEES — Original  writing, 
per  100  words,  20c;  writing  by  others  and  passed  by  notary,  25c; 
recording  same,  per  100  words,  10c;  certificate  and  seal,  every  time,  25c; 
copies  of  documents,  per  100  words,  10c;  proving  acts  under  private 
signature,  25c;  proving  same,  per  100  words,  10c;  certificate  to  mortgage 
and  seal,  $1.00;  and  for  per  100  words  after  first  100,  20c;  canceling 
mortgages  and  seal,  $1.00;  seal  on  effects  of  deceased  persons,  $2.00; 
swearing  appraisers,  each,  25c;  recording  acts  of  other  notaries,  per 
100  words,  10c;  inventories  out  of  office,  per  hour,  50e  (not  over  12 
hours   to   be   charged);    process,   verbal,   of   inventory,   per    100   words, 


THE   OFFICE   AND    ITS   REQUIREMENTS.  27 

25c;  and  recording  certificate  and  seal,  25c;  inventories  in  the  office, 
per  100  words,  20c;  partitions,  per  100  words,  and  recording,  20c. 
Receipted  fee  bill  to  be  given  each  person  when  paM. 

§  43.  Maine— ELIGIBILITY— A  citizen.  APPOINTMENT— By  the 
Governor  with  consent  of  the  council.  COMMISSION  Fee,  $5.00,  to  be 
paid  before  acting.  TERM — Four  years.  BOND  to  be  given.  OATH 
of  office  to  be  taken  and  subscribed  to.  DUTIES  AND  POWERS— 
When  requested  he  shall  record  all  losses  or  damages  sustained  or  appre- 
hended on  sea  or  land,  and  all  averages,  and  such  other  matters  per- 
taining to  his  office;  grant  warrants  of  survey  on  vessels;  all  facts, 
extracts  from  documents  and  circumstances  so  noted,  signed  and  sworn 
to  by  the  parties  protesting;  he  shall  note,  extend  and  record  the 
protests  made,  grant  authenticated  copies  thereof  under  his  signature 
and  official  seal  when  requested  and  paid  for;  present  any  negotiable 
paper  for  acceptance  or  payment  to  party  liable;  notify  parties  thereto; 
record  and  certify  contracts;  take  depositions  the  same  as  a  justice  of 
the  peace  and  quorum;  take  acknowledgments;  administer  oaths;  cer- 
tify country  products,  and  do  all  acts  authorized  by  law  and  the 
usages  of  merchants.  SEAL — Shall  keep  a  seal  having  engraved  thereon 
his  name,  "Notary  Public,"  "Maine,"  the  State  coat  of  arms,  or 
other  device,  as  he  chooses.  RECORD — To  record  same  in  a  book  for 
that  purpose.  Acts  under  his  seal  and  signature  shall  be  received  as 
evidence  in  all  courts.  REMOVAL  by  resignation  or  otherwise,  or  by 
death,  his  records  shall,  within  three  months,  be  deposited  with  the 
Clerk  of  the  County  Judicial  Courts.  Neglect  forfeits  from  fifty  to  five 
hundred  dollars.  LIABILITY — A  wilful  destruction,  defacing  or  con- 
cealment of  records  forfeits  not  less  than  two  hundred  nor  more  than 
one  thousand  dollars,  and  liability  for  damages  to  party  injured.  The 
penalties  provided  for  one-half  accrues  to  the  State,  balance  to  the 
prosecutor.  The  Secretary  of  State  shall  on  the  first  days  of  June  and 
December,  forward  to  the  Clerks  of  the  State  courts,  registers  of  probate 
courts,  judges  of  municipal  and  police  courts,  clerks  of  the  United  States 
courts,  and  United  States  pension  agents  in  the  State  a  list  of  all  notaries 
in  the  State.  FEE  for  protesting,  notifying  parties  and  recording,  $1.50; 
oaths,  affidavits,  depositions,  20c;  writing  depositions,  per  page,  12c; 
acknowledgments,  20c. 

§  44.  Maryland — ELIGIBILITY — Good  character,  integrity  and 
abilities,  citizens  of  the  United  States,  resident  of  this  State  two  years, 
to  be  resident  in  such  place  designated  in  the  commission.  APPOINT- 
MENT— By  the  Governor,  with  consent  of  the  Senate;  two  to  a  county. 
Not  more  than  fifty  to  be  commissioned  for  Baltimore  City,  one  to  be 
conversant  with  the  German  language.  WOMEN  eligible,  six  in  Balti- 
more, and  one  in  all  except  Washington  County.  COMMISSION  Fee — 
Baltimore,  $20.  Payable  to  the  Clerk  issuing  the  commission.  BOND 
with  security  for  $6,000  to  be  given,  subject  to  the  approval  of  the 
Governor,  if  the  appointment  is  for  Baltimore  City,  and  $2,000  if  for 
any  county  in  the  State.  Neglect  to  give  bond  within  thirty  days 
forfeits  the  appointment.  OATH — To  be  taken  and  subscribed  to  before 
the  Clerk  of  the   Superior   or   Circuit   Court.     DUTIES — To   administer 


28  NOTARIES  PUBLIC. 

oaths,  take  acknowledgments,  make  protests,  certified  under  his  seal  of 
office.  Any  special  acts  required  to  be  performed  in  another  county. 
SEAL  of  office  to  be  procured  by  the  notary  for  attesting  his  official 
acts,  having  engraved  upon  it  such  device  as  he  may  desire  and  the 
name,  surname  and  office  of  the  notary  and  his  residence.  RECORD  of 
all  official  acts  to  be  kept  and  certified  copies  given  when  required  and 
payment  made  for.  ON  REMOVAL  by  death  or  otherwise  all  official 
records  to  be  deposited  with  the  County  Court  Clerk  within  sixty  days. 
If  in  Baltimore,  in  the  office  of  the  Superior  Court  Clerk.  One-half 
protest  fees  to  be  paid  the  State  Treasurer  in  the  first  week  of  January, 
April,  July,  and  October,  under  forfeiture  of  fifty  dollars  in  each  case, 
providing  fees  exceed  $350.00  per  annum,  and  in  Baltimore  $500.00. 
The  statement  of  protest  fees  to  be  given  upon  oath.  No  protest  to  be 
signed  or  issued  unless  stamped  by  the  Comptroller,  under  penalty  of 
$500.00  for  each  offense,  to  be  recovered  by  indictment,  one-half  for  the 
State,  balance  for  the  informer.  No  protests  to  be  rejected  as  evidence 
if  otherwise  admissible.  LIABILITY  for  misfeasance  or  unfaithful- 
ness in  office.  NOTARIES  PUBLIC  FEES— Protesting,  $2.00;  drawing 
proceedings  exceeding  two  sides,  50c;  do.,  per  side,  25c;  registering  or 
copying  proceedings,  for  every  side,  10c;  presenting  for  acceptance,  if 
accepted  and  not  protested,  $1.00;  noting  for  non-acceptance,  if  not 
protested,  $1.00;  noting  a  marine  protest,  $1.00;  affixing  seal,  50c; 
every  search  where  no  copy  is  made,  25c;  administering  an  oath  or 
taking  an  acknowledgment,  12y2c;  traveling  more  than  3  miles,  per 
»nile,  20c;  each  notice  mailed  or  delivered,  5c;  presenting  and  collecting 
note  or  bill,  $1.00;    other  acts  in  proportion. 

§  45.  Massachusetts— ELIGIBILITY— Citizenship.  APPOINTMENT 
^— By  the  Governor,  with  consent  of  the  council.  COMMISSION  Fee, 
v3.0(i.  TERM — Seven  years,  unless  removed.  BOND — None  required. 
^)ATH — Must  take  within  three  months  after  receiving  commission. 
DUTIES — Can  administer  oaths,  take  affidavits  of  banks,  protest  com- 
mercial paper,  and  give  notice  of,  take  acknowledgments,  depositions 
and  oaths.  Notice  to  owners  of  insecure  buildings,  who  live  out  of 
the  commonwealth,  may  be  served  by  a  notary  public,  under  his  official 
seal.  Notaries  can  be  appointed  Registrar  of  Voters  and  License  Com- 
missioners. Jurisdiction  in  all  counties  of  the  State.  SEAL — Official 
seal  required.  RECORD  to  be  kept  of  official  acts.  REMOVAL  by  any 
cause,  records  and  papers  to  be  deposited  with  the  County  Court  Clerk 
within  three  months  under  a  penalty  not  exceeding  five  hundred  dollars. 
LIABILITY — Knowingly  destroying,  defacing  or  concealing  such  rec- 
ords subjects  to  a  penalty  not  exceeding  $1,000  and  liability  for  dam- 
ages. Acting  after  expiration  of  office  is  punished  by  fine  of  $100  to 
$500.  Must  be  satisfied  as  to  the  identity  of  party  making  oath  to 
nomination  papers  under  penalty  of  $10  to  $50  for  each  offense.  FEES — 
Protesting,  $500  or  more,  $1.00;  protesting,  less  than  $500,  50c;  record- 
ing same,  50c;  noting,  75c;  notice,  each,  25c;  provided  a  $500  or  more 
does  not  cost  over  $2.00;  provided  less  than  $500  does  not  cost  over 
$1.50;  the  noting,  recording  and  notice  not  to  cost  over  $1.25.  Free  list 
to  be  posted,  statement  of  same  to  be  made  or  forfeit  three  times  the 
amount. 


THE   OFFICE   AND   ITS   REQUIREMENTS.  29 

§  46.  Michigan — ELIGIBILITY — Twenty-one  years  of  age,  resident 
of  the  county  and  a  citizen  of  the  State.  WOMEN  are  eligible. 
APPOINTMENT— By  the  Governor.  COMMISSION— On  a  written 
application,  stating  age,  and  the  endorsement  of  a  member  of  the  Legis- 
lature, or  of  the  Circuit  or  Probate  Judge  of  the  County,  district  or 
circuit  where  applicant  resides,  same  to  be  presented  to  the  Governor 
with  a  fee  of  $1.00  enclosed.  TERM— Four  years.  OATH  OF  OFFICE 
to  be  taken  before  the  County  Clerk  and  with  him  filed  within  ninety 
days  after  receiving  notice  of  appointment.  On  the  last  days  of 
December,  March,  June  and  September  the  Clerk  transmits  to  the  State 
Treasurer  and  Secretary  of  State  a  writen  list  of  all  persons  and  their 
addresses  to  whom  he  has  delivered  commissions  during  the  quarter; 
also  the  date  of  the  filing  of  their  oath  and  bond.  For  which  applicant 
pays  50c.  County  Clerk,  if  appointed,  files  his  oath  with  the  County 
Probate  Judge.  BOND— $1,000,  approved  by  the  County  Clerk.  DUTIES 
AND  POWERS — To  take  acknowledgments  of  deeds,  oaths,  affidavits, 
demand  acceptance  of  bills  of  exchange,  promissory  notes,  protest  same 
for  non-payment  or  non-acceptance,  and  such  other  duties  required  by 
the  law  of  nations  and  commercial  usage,  other  States,  government  or 
country.  Residence  must  be  in  the  county  for  which  appointed,  but 
they  can  act  throughout  the  State.  Always  state  expiration  of  com- 
mission. SEAL — To  provide  a  seal  to  authenticate  his  acts.  REMOVAL 
— When  occurring,  all  official  records  and  papers  shall  be  deposited  with 
the  County  Clerk  within  three  months  under  a  penalty  of  $50.00  or 
$200.00.  RECORDS  OF  THE  OFFICE— To  be  kept  on  file  by  the  County 
Clerk.  If  previously  destroyed  or  concealed,  the  party  so  doing  shall 
forfeit  and  pay  damages  to  the  party  injured  not  exceeding  $500.  Attor- 
neys in  a  case  cannot  administer  oaths  when  notaries.  Acts  received  as 
presumptive  evidence  when  under  his  hand  and  official  seal.  FEES — 
Administering  oath  for  pension,  etc.,  to  soldiers  or  sailors,  15c;  no  fee 
for  administering  oath  of  office  to  legislators,  military  or  township 
officers;  protest,  when  necessary  by  law,  50c;  protest,  otherwise,  25c; 
notice  of  protest,  each,  25c;  affidavit,  per  folio,  20c;  copy,  per  folio,  6c; 
drawing  affidavit  or  other  papers  not  mentioned,  per  folio,  20c;  copying 
the  same,  per  folio,  6c;  taking  acknowledgments,  etc.,  25c  for  one, 
10c  add. 

§  47.  Minnesota— ELIGIBILITY— Citizen  of  the  State,  21  years  of 
age.  APPOINTMENT— By  Governor.  COMMISSION  Fee,  $3.00.  Rec- 
ord of  commission  to  be  made  with  the  Clerk  of  the  County  District 
Court  on  payment  of  one  dollar.  TERM — Seven  years.  BOND — $2,000 
with  sureties  approved  by  the  Governor.  OATH — Required  for  faith- 
fulness, etc.,  which,  with  the  bond,  to  be  filed  with  the  Secretary  of 
State.  POWERS — Jurisdiction  throughout  the  State  while  resident  of 
the  county  for  which  appointed.  To  administer  oaths,  take  depositions, 
certify  acknowledgments,  receive,  make  out  and  record  notarial  protests, 
to  compel  attendance  of  witnesses.  SEAL/ — Must  provide  with  same 
design  on  as  the  State  seal,  together  with  the  words  "Notary  Public," 
size  1%  inches  in  diameter;  also  the  name  of  the  county  where  resi- 
dent.    RECORD  to  be  kept   of  protests  and  notices.     ON   REMOVAL 


30  NOTARIES  PUBLIC. 

from  office  the  seal  and  register  to  be  deposited  with  the  clerk  of  the 
County  District  Court.  LIABILITY — For  acting  after  expiration  of 
office  or  for  appending  signature  when  parties  have  not  appeared  before 
him,  $100  and  removal  from  office.  For  overcharging  or  misfeasance  in 
office.  FEES — Witnesses,  per  day,  $1.00;  witnesses,  travel,  per  mile,  6c; 
commission  for  taking  deposition,  per  folio,  15c;  protest,  when  neces- 
sary by  law,  $1.00;  protest,  otherwise,  25c;  notice  of  protest,  each,  25c; 
drawing  affidavit,  per  folio,  20c;  copying  affidavit,  per  folio,  6c;  admin- 
istering oath,  25c;  taking  acknowledgments,  25c;  taking  deposition,  per 
folio,  15c;    recording  instrument,  per  folio,  10c. 

§  48.  Mississippi — ELIGIBILITY — Citizen  and  belief  in  a  supreme 
being.  APPOINTMENT— By  the  Governor.  COMMISSION  Fee. 
TERM — Four  years.  BOND — For  $2,000  with  sureties  approved  and 
conditioned  by  the  Board  of  Supervisors  and  County  Chancery  Clerk. 
OATH  of  office  to  be  taken.  Oath  and  bond  to  be  filed  with  the  Clerk 
of  the  County  Chancery  Court.  DUTIES — To  administer  oaths  incident 
to  his  office,  receive  proofs  or  acknowledgments,  make  declarations,  and 
other  matters  commercial  usage  requires,  all  under  official  seal.  SEAL 
— To  be  provided,  having  on  the  name  of  the  city  or  town,  with  that  of 
the  State,  his  name  on  the  margin,  and  "Notary  Public"  across  the 
center.  All  his  official  acts  to  be  attested  with  same.  RECORD — He 
shall  keep  a  register  of  all  his  official  acts  and  give  certified  copies  of 
same  when  requested  and  paid  for.  REMOVAL,  by  any  cause,  all 
official  papers  and  records  to  be  deposited  with  the  County  Clerk  within 
thirty  days.  The  Clerk  may  maintain  action  for  them.  Ex-officio 
notaries,  justices  of  the  peace,  clerks  of  the  Circuit  and  Chancery 
Courts,  by  virtue  of  their  office,  can  discharge  all  the  duties  of  notaries 
and  attest  their  acts  by  the  common  seal  of  office  with  the  same  effect. 
The  Board   of   County  Supervisors  to  provide  a  notarial   seal  with   the 

inscription,    "Notary   Public    of    the    County    of    ,"    around    the 

margin  and  the  image  of  an  eagle  in  the  center,  which  seal  shall  be 
kept  in  the  office  of  the  Clerk  of  the  Circuit  Court  for  the  use  of  ex- 
officio  notaries  public.  LIABILITY — Unfaithfulness  in  office.  FEES — 
Protesting,  $1.00;  registering  same,  50c;  attesting  letters  of  attorney, 
50c;  affidavit  to  an  account,  50c;  oaths,  50c;  notarian  procuration  and 
seal,  $1.00;  certifying  sales  at  auction,  50c;  taking  proof  of  debts,  50c; 
copy  of  record  and  affidavit,  $1.00;  insurance  protest,  $1.00;  acknowl- 
edgment, 25c. 

§49.  Missouri— ELIGIBILITY— Age  21  years  if  male;  a  citizen  of 
the  United  States  and  of  this  State.  WOMEN  are  eligible;  18  years 
of  age.  APPOINTMENT— By  the  Governor.  COMMISSION  Fee,  $5.00. 
TERM  of  office,  four  years.  BOND — With  two  securities  for  $2,000.  In 
counties  of  more  than  100,000,  $5,000,  approved  by  the  Clerk  of  the 
County  Court  (in  St.  Louis,  by  the  Clerk  of  the  Circuit  Court).  Bond 
and  oath  shall  be  filed  and  recorded  with  the  County  Clerk;  in  St.  Louis, 
with  the  Circuit  Clerk.  The  bond  after  recording  shall  be  filed  with  the 
Secretary  of  State.  No  suit  shall  be  instituted  against  any  notary  or  his 
sureties  more  than  three  years  after  action  accrued.  OATH  to  be 
taken    and    endorsed    on    the    commission.      DUTIES — May    administer 


THE   OFFICE   AND    ITS   REQUIREMENTS.  ;;i 

oaths  and  affirmations,  take  acknowledgments,  affidavits,  depositions, 
make  declarations  and  protests,  under  official  seal.  Have  the  power 
and  perform  the  duties  of  register  of  boatman.  SEAL — Shall  provide  a 
notarial  seal  having  on  their  name,  "Notary  Public,"  county  or  city 
where  resident,  and  the  name  of  the  State.  Shall  designate  in  writing, 
in  certificates  signed  by  them,  the  date  of  expiration  of  their  commis- 
sion; shall  not  change  their  seal.  Shall  authenticate  all  their  official 
acts  therewith.  RECORD — Shall  keep  a  record  of  their  official  acts, 
except  those  connected  with  judicial  proceedings.  ON  REMOVAL  from 
office,  records  and  papers  to  be  given  to  successor.  LIABILITY — 
Upon  the  application  of  any  Clerk  of  a  Circuit  or  Criminal  Court  of  this 
State  the  Secretary  of  State  shall  send  to  the  Clerk  the  original  bond 
of  any  notary  when  required  as  evidence  in  a  suit  at  law  or  for  any 
indictment,  the  Clerk  to  safely  keep  and  return  same  when  suit  is  deter- 
mined. Sureties  on  the  bond  may  be  discharged  from  all  future  liability 
by  petition  in  writing  addressed  to  the  County  Court  (in  the  City  of 
St.  Louis  to  the  Circuit  Court)  by  conforming  with  Sections  4511-4519, 
Chap.  58,  Revised  Statutes.  FEES — Noting  for  protest,  15c;  noting 
without  protest,  35c;  entering  protest,  35c;  registering  protest,  35c; 
notice  to  each  indorser,  15c;  travel,  per  mile,  8c;  taking  acknowledg- 
ments, etc.,  50c;  marine  or  fire  insurance  protest,  $5.00;  drawing  contract 
of  a  boatman,  75c;  certificate  attested  by  seal,  50c;  entering  of  a  boat- 
man not  acting  according  to  contract,  15c;  sealing  same,  10c;  copies  of 
records,  etc.,  per  100  words,  15c;  other  fees  the  same  as  justices  of  the 
peace. 

§  50.  Montana— ELIGIBILITY— A  citizen  of  the  State  and  resident 
of  the  county.  APPOINTMENT — By  the  Governor.  May  be  removed 
on  ten  days'  notice.  COMMISSION— Fee,  $5.00.  File  with  County 
Clerk,  fee,  50c;  each  certificate,  50c.  TERM— Three  years.  BOND— 
$1,000,  approved  by  the  County  Clerk.  Same  with  oath  and  signature 
to  be  filed  with  Secretary  of  State.  Fee,  $2.00.  OATH— Of  office  to  be 
taken  and  subscribed  to  in  ten  days.  DUTIES — Demand  acceptance, 
payment  of  or  protest  of  commercial  papers;  take  acknowledgments, 
depositions,  affidavits;  administer  oaths,  etc.;  give  certified  copies  of 
records  in  his  office  when  required  and  paid  for.  SEAL — To  provide  a 
seal,  having  engraved  on  "Notarial  Seal,"  State,  county,  and  his  name. 
All  his  official  acts  to  be  authenticated  with  same,  except  on  certificate 
or  oath,  or  an  affidavit,  then  name  and  words  "notary  public  in  and  for 

County."     Always  sign  name  and  office.     RECORD  to  be  kept  of 

official  acts.  ON  REMOVAL  from  office,  official  documents,  etc.,  to  be 
deposited  with  the  County  Clerk.  Liable  for  neglect  to  do  so.  Clerk 
to  furnish  certified  copies  when  required  and  paid  for.  LIABILITIES — 
With  bondsmen,  for  misconduct  and  neglect.  Attempts  at  fraud  or  de- 
ception, penalty  one  to  fourteen  years.  FEES — Protesting,  $1.00;  notice 
of  protest,  $1.00;  recording  every  protest,  $1.00;  affidavit,  deposition,  per 
folio,  20c;  acknowledgments,  $1.00;  additional  signature,  50c;  oaths,  25c; 
certifying  affidavit  with  oath,  50c. 

§  51.  Nebraska.— ELIGIBILITY— Resident  of  county.  WOMEN  are 
eligible.     APPOINTMENT— By  the  Governor  upon  petition  of  twenty- 


32  NOTARIES  PUBLIC. 

five  legal  voters  of  the  county.  COMMISSION — Shall  be  forwarded  to 
the  County  Clerk,  who  shall  within  five  days  notify  the  person  ap- 
pointed of  its  receipt,  the  person  shall  within  thirty  days  execute  a 
bond,  deliver  it  to  the  Clerk,  qualify,  and  receive  his  commission.  Fee 
to  Secretary,  $1.00;  to  Clerk,  $2.00;  both  payable  to  the  County  Clerk. 
TERM — Six  years,  unless  sooner  removed.  BOND — To  be  given  for 
$2,000,  with  two  county  resident  sureties,  or  one  surety  if  an  incorporated 
surety  company  authorized  by  the  State  to  transact  such  business. 
Sureties  shall  make  oath  on  the  bond  that  they  are  resident  free- 
holders of  the  county  and  are  worth  at  least  $2,000  over  all  indebted- 
ness and  liabilities,  and  subscribed  to  before  a  person  authorized  to 
take  oaths,  who  shall  attach  his  certificate.  OATH — To  be  endorsed  on 
the  bond,  subscribed  and  certified  before  an  authorized  officer.  The 
County  Clerk  shall  file  the  bond,  record  the  commission,  bond,  justifica- 
tion of  the  sureties  and  oath  and  send  the  Secretary  of  State  notice. 
DUTIES — Within  his  county,  to  administer  oaths,  take  depositions, 
issue  summons  and  punish  for  refusal  to  testify,  acknowledgments,  de- 
mand acceptance,  payment,  or  protest  and  give  notice  of,  and  duties 
customary.  His  acts  and  record,  certified  and  sealed  over  his  signature, 
shall  be  presumptive  evidence  in  all  courts  of  this  State.  SEAL — Shall 
provide  a  seal  having  engraved  on  "Notarial  Seal,"  name  of  the  county, 
"Nebraska,"  and,  if  desired,  his  name,  and  the  date  of  expiration  of  his 
commission.  All  his  official  acts  shall  be  authenticated  therewith,  in- 
cluding signature,  also  the  date  of  expiration  of  office.  RECORD  of 
all  his  protests,  and  notices  of,  shall  be  kept  with  copy  of  instrument, 
except  those  recorded  elsewhere  by  law.  ON  REMOVAL,  by  any  cause, 
or  removal  from  the  county,  or  death,  within  thirty  days  he  shall  enter 
in  his  official  record  a  certificate,  over  his  hand  and  seal,  that  such 
record  is  his  official  record  to  the  time  of  expiration  of  office.  Deposit 
it  with  the  County  Clerk.  Failure  to  comply  subjects  to  a  forfeit  and 
penalty  of  $200.  LIABILITY — For  any  neglect  or  misconduct  in  office. 
FEES — Protest,  $1.00;  recording  same,  50c;  notice  of  protest,  each, 
25c;  administering  oath,  10c;  taking  affidavit,  25c;  taking  deposition, 
each  ten  words,  2c;  certificate  and  seal,  25c;  taking  acknowledgments, 
50c. 

§52.  Nevada— ELIGIBILITY— Citizen.  APPOINTMENT— By  the 
Governor,  and  varies  in  each  county.  COMMISSION — Fee,  $10,  to  Sec- 
retary of  State.  TERM — Four  years,  unless  removed.  BOND — For 
$2,000,  sureties  approved  by  County  District  Judge.  OATH — To  be 
taken  and  endorsed  on  commission.  Bond  and  oath  to  be  recorded  with 
County  Recorder.  DUTIES — To  demand  acceptance  and  payment  or 
protest  commercial  papers,  take  acknowledgments  on  the  instrument 
or  attached,  depositions,  affidavits;  administer  oaths,  proofs,  etc.  JURIS- 
DICTION— The  State.  SEAL — To  provide  a  seal  having  engraved  on 
his  name,  county,  initials  of  the  State  and  words  notary  public.  All 
official  acts  to  be  authenticated  with  same.  RECORD — To  be  kept  of 
all  acts  with  names  of  parties,  etc.  This  and  seal  are  exempt  from 
execution.  REMOVAL  from  office  by  any  cause,  records  to  be  delivered 
to  the  County  Recorder  within  sixty  days,  or  to  his  successor  on  the 
termination  of  his  office.     LIABILITY — For  neglect  or  misconduct,  with 


THE   OFFICE  AND   ITS  EEQUIEEMENTS.  33 

damages  and  a  fine  not  exceeding  $2,000,  with  removal.  Certified  copies 
of  his  records,  under  his  hand  and  seal,  are  prima  facie  evidence  in 
courts  of  the  State.  FEES — Drawing  and  copying  protest,  $2.00;  serv- 
ing notice  of  protest,  $1.00;  drawing  affidavit,  deposition  or  other 
paper  not  provided  for,  per  folio,  30c;  taking  acknowledgment  with  seal 
and  certificate,  for  first  signature,  $1.00;  additional  signatures,  each, 
50c;  administering  oath  or  affirmation,  25c;  each  certificate  including 
writing  and  seal,  50c. 

§53.  New  Hampshire— ELIGIBILITY— Citizen.  WOMEN  are  eli- 
gible. APPOINTMENT— By  Governor,  with  advice  of  the  council. 
COMMISSION  Fee,  $1.00.  TERM— Five  years.  BOND— None  required. 
OATH  of  office  to  be  taken.  DUTIES  AND  POWERS— Protest  bills, 
notes,  etc.  Same  certified  under  his  hand  and  official  seal  shall  be 
evidence  of  the  facts  stated.  In  addition,  he  shall  have  the  same  pow- 
ers as  justices  of  the  peace  as  to  depositions,  acknowledgments  and 
oaths.  REMOVAL — By  any  cause,  within  six  months,  all  records,  etc., 
must  be  deposited  with  the  Secretary  of  State.  Certified  copies  given 
when  required  and  paid  for.  LIABILITY — Refusal  or  neglect  to  deliver 
records  on  demand,  or  knowingly  destroying  or  concealing  same  sub- 
jects to  a  fine  not  exceeding  one  thousand  dollars,  one  half  for  the 
prosecutor,  the  other  half  for  the  county;  also  liable  for  damages  for 
injuries  resulting  to  any  person.  For  overcharging,  a  fine  of  fifty  dollars 
each  time.  FEES — Protesting  under  seal,  50c;  certificate  under  seal, 
25c;  waiting  on  person  for  payment  or  witnessing  and  certifying  under 
seal,  50c;  every  notice  of  non-payment,  25c;  taking  depositions,  per 
page,  17c. 

§  54.  New  Jersey— ELIGIBILITY— Citizenship.  WOMEN  may  act. 
APPOINTMENT— By  the  Governor.  COMMISSION  Fee,  $5.00,  to  be 
sent  with  the  application  and  returned  if  appointment  not  made. 
TERM— Five  years.  BOND— None  required.  OATH— To  be  taken  and 
subscribed  to  before  the  County  Clerk  for  faithfulness  in  office.  Fee 
for  same,  50c.  POWERS — To  protest  bills  and  notes.  SEAL — To  be  pro- 
cured to  authenticate  official  acts;  not  required  to  oaths.  RECORDS — 
To  record  all  bills  of  exchange  or  promissory  notes,  protested  by  them, 
the  time,  place,  when,  where,  upon  whom  demand  was  made,  with  a 
copy  of  the  notice  of  non-payment,  how  served,  time,  when,  if  sent, 
manner,  to  whom,  address,  time  of  mailing  and  where,  name  to  be 
signed.  ON  REMOVAL  by  any  cause,  record  to  be  deposited  with  the 
County  Clerk.  Certified  copies  to  be  made  under  their  hand  and  seal 
when  required  and  paid  for.  Records  of  notaries  of  other  States,  duly 
proven  copies,  shall  be  received  as  evidence  in  any  court  of  this  State, 
notice  having  been  previously  given  the  adverse  party.  LIABILITIES 
— For  excessive  fees  and  unfaithfulness  in  office.  FEES — Protesting 
foreign  bills,  $1.75;  protesting  notes  and  inland  bills,  each,  $100.00,  $1.50; 
less  than  $100.00,  $1.30.  Forfeit  for  each  overcharge,  $25,  with  cost 
for  collection. 

§  55.     New  Mexico— ELIGIBILITY— Citizen.     APPOINTMENT— By 
the  Governor.     Military  posts  in  the  territory  may  also  have  a  resident 
notary,  appointed  by  the  Governor,  who  shall  be  invested   with  same 
3 


34  NOTARIES  PUBLIC. 

powers.  COMMISSION— $5.00;  half  to  Secretary  of  State,  half  to  Pro- 
bate Clerk.  TERM — Four  years.  BOND — To  be  given  to  the  territory 
for  $500,  with  two  securities,  conditioned  for  faithful  performance  of 
his  duties.  OATH  of  office  to  be  taken  and  endorsed  on  his  commission 
before  entering  upon  his  duties.  Bond,  commission  and  oath  to  be  re- 
corded with  his  County  Recorder,  and  the  bond  filed  with  the  Secretary 
of  the  Territory,  to  be  sued  upon  by  any  injured  party.  Suit  on  bond 
must  be  instituted  within  three  years  after  the  cause  of  action  occurs. 
DUTIES  AND  POWERS — To  administer  oaths,  affirmations,  receive 
proofs  or  acknowledgments,  make  declarations  and  protests,  certify 
same  under  their  hand  and  official  seal.  SEAL — To  be  procured  con- 
taining his  name,  title  and  county.  All  acts  to  be  authenticated  there- 
with. RECORD  to  be  kept  of  all  official  acts,  and  certified  copies  fur- 
nished when  required  and  paid  for.  ON  REMOVAL,  by  any  cause,  all 
official  papers,  etc.,  to  be  deposited  with  the  County  Probate  Court  Clerk 
within  thirty  days,  who  will  deliver  same  to  the  successor.  The  certifi- 
cate of  a  notary,  under  his  official  seal,  shall  be  prima  facie  evidence 
of  the  facts.  LIABILITY — Any  notary  public  wilfully  issuing  a  false 
certificate  3hall  be  punished  by  a  fine  of  not  less  than  twenty  dollars 
nor  more  than  five  hundred  dollars,  and  liable  to  the  party  injured. 
FEE — Protest  and  certificate,  $2.00;  notice  of,  each,  25c;  costs  recover- 
able with  the  original  debt.     Oaths,  5c;  acknowledgments,  25c. 

§  56.  New  York — ELIGIBILITY — Citizen,  to  reside  where  appointed. 
WOMEN  are  eligible.  APPOINTMENT— By  the  Governor,  by  and  with 
the  consent  of  the  Senate;  5  to  each  1,000  population  in  the  county, 
but  of  such  number  one  can  be  appointed  for  each  bank  applying.  He 
can  appoint  for  vacancies  during  recess  of  the  Senate.  FEE  FOR  COM- 
MISSION— In  New  York  County  or  Kings  County,  $10.  In  any  city 
having  a  federal  or  State  enumeration  of  more  than  fifty  thousand  and 
less  than  six  hundred  thousand,  $5.  If  elsewhere,  $2.50.  Neither  the 
Clerk  of  the  City  and  County  of  New  York,  nor  of  the  County  of  Kings, 
shall  file  a  certificate  of  appointment,  other  than  New  York  or  Kings, 
until  $7.50  is  received.  COMMISSIONS  may  be  signed  by  the  Gov- 
ernor's private  secretary.  Removal  from  office  during  the  term  may  be 
made  by  the  Governor,  the  notary  to  be  given  a  copy  of  the  charges 
filed  against  him  and  allowed  hearing.  County  Clerk  will  notify  of 
appointment,  upon  receipt  by  him  of  commission,  by  enclosing  notice 
in  an  envelope  having  the  Clerk's  address  printed  thereon.  Failure  to 
file  oath  of  office  and  pay  fee  within  fifteen  days  after  notice  or  within 
fifteen  days  after  term  of  commencement,  vacates  the  office.  TERM — 
Two  years  from  March  30th.  POWERS  AND  DUTIES — Anywhere  in 
the  State  to  demand  acceptance  and  payment,  or  protest  bills  and 
notes,  to  exercise  such  powers  and  duties  as  the  law  of  nations  and 
commercial  usage  allow.  In  the  county  of  his  appointment,  and  else- 
where, to  administer  oaths,  affirmations,  take  affidavits,  acknowledg- 
ments, proofs  of  deeds,  etc.,  certify  same.  Seal  not  necessary  nor  Cer- 
tificate of  County  Clerk  for  admitting  same  as  evidence.  Any  notary 
appointed  for  any  county  of  the  State,  upon  filing  in  the  Clerk's  office 
of  any  county,  his  autograph  signature  and  a  certificate  of  the  Clerk 


THE   OFFICE  AND   ITS  REQUIREMENTS.  35 

of  the  county,  in  and  for  which  he  is  appointed,  setting  forth  the  fact 
of  his  appointment  and  qualification  as  such  notary  public,  may  exer- 
cise all  the  functions  of  his  office  in  the  county  in  which  such  autograph 
signature  and  certificates  are  filed.  Fee  for  same,  $1.00.  The  County 
Clerk  where  so  filed,  shall,  when  requested,  subjoin  to  any  certificate 
of  acknowledgment  signed  by  such  notary,  a  certificate  under  his  hand 
and  seal  stating  the  facts  of  filing,  that  he  is  acquainted  with  the 
handwriting  and  believes  the  signature  genuine.  Such  instrument  shall 
then  be  entitled  to  be  read  in  evidence  or  to  be  recorded.  Protest  may 
be  made  by  a  notary  public,  or  by  any  respectable  resident  of  the  place 
where  the  bill  is  dishonored  in  the  presence  of  two  or  more  credible 
witnesses,  must  be  made  on  the  day  of  its  dishonor.  When  a  bill  has 
been  noted  the  protest  may  be  subsequently  extended  as  of  the  date  of 
the  noting.  SEAL — To  procure  an  official  seal  for  authenticating  his 
official  acts.  Oaths  need  not  be  sealed,  nor  other  acts.  RECORD — To 
be  kept  of  official  acts.  REMOVAL — On  expiration  of  office,  all  records 
to  be  delivered  to  their  successors.  LIABILITY — For  accepting  a  rail- 
road pass.  FEES — Notice  for  non-payment  or  assessment  of  tax  on 
mortgages,  75c;  protesting,  75c;  notice  of  protest,  10c;  not  exceeding 
five,  acknowledgments,  25c;  each  additional,  12c;  oaths,  12c.  A  fee  for 
an  affidavit  as  to  child 's  age  under  the  employment  act  is  illegal. 

§57.  North  Carolina— ELIGIBILITY— Citizen.  APPOINTMENT— 
By  the  Governor.  COMMISSION  Fee,  $3.00.— Certificate  of  commission 
to  be  filed  with  the  clerk  of  the  court,  who  shall  note  the  qualifications 
of  the  notary.  Clerks  of  the  Superior  Courts  ma}-  act  as  notaries  in 
their  several  counties  by  virtue  of  their  office,  and  may  certify  their 
notarial  acts  under  the  seals  of  their  court.  TERM  of  office,  two  years. 
BOND — None  required.  OATH — To  take  oath  of  office  before  the  Clerk 
of  their  County  Superior  Court.  DUTIES  AND  POWERS— To  take  and 
certify  acknowledgment  and  proofs,  depositions,  administer  oaths,  take 
affidavits,  and  take  the  privy  examination  of  femmes  covert,  verify 
pleadings  in  or  out  of  the  State.  JURISDICTION— Throughout  the 
State.  SEAL — None  required.  RECORD— Not  required.  REMOVAL— 
Not  required.  LIABILITIES— For  misfeasance  in  office.  FEES— Cer- 
tificate and  seal,  50c;  protesting,  $1.00;  acknowledgment  of  chattel 
mortgage,  25c;  seal  and  certificate,  10c.  (Not  applicable  to  notary  at 
Matthews  in  Mecklenberg  County.)  FEES  OF  JUSTICE  OF  THE 
PEACE — Probate  of  deeds  or  writing  proved  by  a  witness,  including 
certificate,  25c;  same  executed  by  a  married  woman,  acknowledged,  and 
examination  and  certificate,  25c;  probate  of  a  chattel  mortgage  and  cer- 
tificate, 10c. 

§  58.  North  Dakota— ELIGIBILITY— Citizen  of  the  State,  of  either 
sex,  of  electoral  age.  APPOINTMENT — By  the  Governor.  COMMIS- 
SION Fee,  $5.00.  Commission  to  be  recorded  with  the  County  District 
Court  Clerk,  together  with  signature  and  impression  of  official  seal.  On 
removal  from  the  county  same  method  to  be  pursued.  TERM — Six  years. 
REMOVAL — By  any  cause,  records  and  papers  to  be  deposited  with  the 
Clerk  of  the  County  District  Court  within  three  months  after  vacancy 
of  office,  under  penalty  of  $50  to  $500  and  liability  to  party  injured. 


36  NOTARIES  PUBLIC. 

BOND — For  $500,  with  sureties  approved  by  the  District  or  County 
Court  Clerk.  OATH  of  office  to  be  subscribed  to.  DUTY— To  protest 
bills  and  notes,  etc.,  and  give  notice  to  its  maker  and  indorsers,  ad- 
minister oaths,  issue  subpoenas,  take  depositions,  and  such  duties  re- 
quired by  law.  Service  of  notice  personally  or  by  mail.  Oath,  bond 
and  impression  of  seal  to  be  filed  with  the  Secretary  of  State.  Commis- 
sion to  be  conspicuously  posted,  also  fee  bill  under  penalty.  JURISDIC- 
TION— Throughout  the  State.  SEAL — Notary  to  procure  an  official  seal. 
RECORD — To  be  kept  of  all  protest  notices,  time,  manner  of  service, 
names  of  all  parties,  description  and  amount.  LIABILITY — Acting 
when  disqualified  or  for  appending  official  signature  to  any  document 
when  the  parties  thereto  have  not  appeared  before  him,  is  a  misde- 
meanor and  on  conviction  is  punishable  by  a  fine  of  $100  for  each 
offense  and  removal  from  office.  FEES — Protest  notice,  postage  and 
25c;  protest,  $1.50;  recording  same,  50c;  taking  affidavit  and  seal, 
25c;  administering  oath,  10c;  taking  deposition,  per  ten  words,  l%c; 
certificate  and  seal,  25c;  acknowledgement  25c;  witness  fees,  per  day, 
$1.00;  mileage,  per  mile  one  way,  10c. 

§  59.  Ohio — ELIGIBILITY— An  elector,  a  citizen  of  this  State,  re- 
siding in  the  county  for  which  appointed,  must  produce  a  certificate 
from  a  judge  of  a  Common  Pleas,  Circuit  or  Supreme  Court,  that  he  is 
of  good  moral  character,  a  citizen  of  the  county,  possessed  of  sufficient 
qualifications  and  ability  to  discharge  the  duties  of  the  office;  the  judge 
must  have  personal  knowledge  of  the  fact,  otherwise  the  applicant 
must  pass  an  examination  under  such  rules  as  the  judge  may  prescribe. 
No  banker,  broker,  cashier,  director,  teller,  or  clerk  of  any  bank, 
banker,  broker,  or  other  person  holding  any  official  position  to  any 
bank,  banker  or  broker,  shall  be  competent  to  act  as  notary  in  any 
matter  to  which  said  bank,  banker  or  broker  is  in  any  way  interested. 
APPOINTMENT— By  the  Governor.  COMMISSION  Fee,  $1.00.  Com- 
mission, with  oath  of  office  endorsed  thereon,  to  be  filed  for  record  with 
the  Clerk  of  the  County  Court  of  Common  Pleas,  and  indorsement  made 
on  the  margin  of  the  record  and  on  the  back  of  the  commission  the 
time  of  its  receipt,  also  a  proper  index  to  be  made  of  it.  A  certified  copy 
of  same,  under  the  seal  of  the  court,  to  be  given  upon  application.  Fee 
for  recording  and  indexing,  40c.  TERM  of  office,  three  years,  unless 
commission  is  revoked.  BOND — To  be  given  to  the  State  for  $1,500, 
with  sureties  approved  by  the  Governor,  to  be  filed  with  the  Clerk  of 
the  Common  Pleas  Court.  OATH  of  office  to  be  taken  and  subscribed 
on  the  commission.  POWERS — Within  their  county  to  administer 
oaths,  take  depositions,  acknowledgments,  make  and  record  protests. 
If  he  resides  in  a  city  or  town  situated  in  more  than  one  county  he 
can  protest  and  record  within  the  limits  of  such  city  or  town.  Protests 
under  the  laws  of  this  or  any  other  State  accompanying  a  bill  or  note 
protested  by  such  notary  shall  be  held  and  received  as  prima  facie  evi- 
dence of  the  facts.  It  may  be  contradicted  by  other  evidence.  SEAL 
— To  be  provided  by  the  notary  before  acting.  It  shall  be  not  less  than 
1*4   inches  in   diameter  and  surrounded  by  the  words  "Notarial   Seal, 

County,   Ohio."      (Insert   name   of   county.)      REGISTER   to  be 

provided  by  the  notary,  in  which  every  certificate  of  protest  and  note 


THE  OFFICE  AND  ITS  REQUIREMENTS.  37 

shall  be  recorded.  REMOVAL — Seal  and  register  are  exempt  from 
execution,  and  upon  the  death,  expiration  of  office  without  reappoint- 
ment, or  removal  from  office,  the  register  shall  be  deposited  in  the  office 
of  the  County  Recorder.  LIABILITY — Acts  done  after  expiration 
of  term  are  valid.  Knowingly  performed,  shall  forfeit  any  sum  not 
exceeding  five  hundred  dollars,  recoverable  in  the  name  of  the  State. 
Such  an  act  renders  the  notary  ineligible  to  reappointment.  Excess 
of  legal  charges,  or  unfaithfulness  or  dishonesty  in  office,  on  complaint 
filed  and  substantiated  in  the  County  Common  Pleas  Court,  subjects 
the  notary  to  removal  from  office  by  the  court  and  the  fact  reported  to 
the  Governor,  and  renders  the  party  thereafter  ineligible  to  office.  FEES 
— Protesting,  demand,  notices,  on  each  bill  or  note,  $1.00,  and  ex- 
penses for  going  beyond  the  limits  of  the  city  or  town;  recording 
same,  per  100  words,  10c;  taking  acknowledgments,  40c;  taking  affi- 
davits, 40c;  taking  oaths,  40c;  taking  depositions,  per  100  words,  10c; 
issuing  subpoena,  25c;  pension  oaths,  10c;  certifying  claim  against  an 
estate,  25c. 

§  60.  Oklahoma— ELIGIBILITY— Citizenship.  APPOINTMENT— 
By  Governor.  COMMISSION— Fee,  $1.00  to  Secretary,  $1.00  to  County 
Clerk.  TERM — Four  years.  BOND — $1,000,  with  sureties  approved  by 
the  County  Clerk.  OATH  of  office  to  be  taken.  Commission,  oath,  bond, 
impression  of  seal  and  signature  to  be  filed  with  the  County  Clerk  and 
Secretary  of  State.  DUTIES — Take  acknowledgments,  administer 
oaths,  demand  acceptance  or  payment,  and  protest  commercial  paper, 
and  such  acts  as  commercial  usage  requires.  SEAL — To  provide  such, 
containing  his  name  and  residence,  and  authenticate  acts  with,  adding 
date  of  expiration  of  office.  REGISTER — To  be  kept  of  his  official 
acts,  and  certified  copies  given  when  required  and  paid  for.  Special 
record  to  be  kept  of  protests  for  banks  and  delivered  to  them  on 
removal  from  office.  REMOVAL,  by  any  cause,  all  official  books  and 
papers  to  be  deposited  with  County  Clerk.  LIABILITY — For  failure 
to  add  date  of  expiration  of  commission,  fine  not  exceeding  $50.  Limita- 
tion of  action,  three  years  after  cause  accrues.  FEES — Protest  and 
record  of,  25c;  each  notice  of,  10c;  certificate  and  seal,  25c;  acknowledg- 
ments, 25c;  affidavits,  25c;  other  fees  same  as  Clerk  of  the  District  Court. 
No  fee  allowed  for  administering  any  oath  or  giving  certificate  to  a 
discharged  soldier  or  seaman,  or  widow,  orphan  or  legal  representative 
thereof,  for  pension,  bounty  or  back  pay,  nor  for  any  voucher  required 
for  periodical   dues.     Penalty  for  violating,  ten  to   twenty-five  dollars. 

§  61.  Oregon— ELIGIBILITY— Citizenship.  APPOINTMENT— By 
the  Governor.  COMMISSION— Fee,  $2  to  Secretary  of  State,  and  $1  to 
County  Clerk  for  recording.  Record  appointment  with  the  County  Clerk, 
fee  $1.00.  He  shall  certify  the  official  character  of  the  notary  when 
required.  TERM — Two  years.  BOND — To  be  given  to  the  Governor  for 
$500  with  surety.  OATH  of  office  to  be  taken  before  acting.  DUTIES 
— To  protest  commercial  paper  and  give  notice  of  same  to  parties  in 
interest  immediately.  Service  to  be  personal,  provided  they  reside 
within  two  miles  of  the  notary,  otherwise  service  by  mail.  To  take 
acknowledgments  and  administer  oaths.     Full  faith  given  to  their  acts. 


38  NOTARIES  PUBLIC. 

JURISDICTION— Throughout  the  State.  SEAL— To  be  provided  and 
an  impression  of  it  with  oath  and  bond  to  be  deposited  with  the  Secre- 
tary of  State.  RECORD — To  be  kept  of  all  notices,  manner  and  time 
of  service,  names  of  parties,  description  and  amount  of  the  instru- 
ment, same  to  be  competent  evidence  in  all  courts  of  this  State.  RE- 
MOVAL from  office  by  death,  etc.,  the  records  shall  be  deposited  with 
the  County  Clerk  within  90  days,  who  shall  keep  same  and  give  certified 
copies  when  required.  LIABILITY — A  forfeit  of  from  fifty  to  five 
hundred  dollars  for  failure,  or  for  wilful  destruction,  defacing  or  con- 
cealing of  same,  and  damages  to  party  injured.  FEES — Protesting, 
$1.00;  attesting  instrument  and  seal,  $1.00;  noting,  $1.00;  registering 
protest,  $1.00;  affidavit  and  seal,  $1.00;  acknowledgment,  $1.00;  proofs, 
per  folio,  25c;    depositions,  per  folio,  25c;    oaths,  administering,  25c. 

§  62.  Pennsylvania, — ELIGIBILITY — Of  good  character,  integrity 
and  ability.  To  reside  where  designated  one  year.  Resident  of  the 
State  two  years.  A  stockholder,  director,  or  clerk  in  a  bank  or  banking 
institution  or  in  its  employ,  are  eligible.  Residence  may  be  in  a  differ- 
ent part  of  the  county,  or  adjoining  county,  provided  an  office  is  kept 
where  the  commission  names.  WOMEN  twenty-one  years  of  age  and 
citizens  of  the  State  can  act.  If  one  marry  while  in  office  must  return 
Governor  her  commission  with  married  name,  before  performing  any 
notarial  act;  he  will  return  a  new  commission  without  fee.  A  new  bond 
with  security  required.  APPOINTMENT— By  the  Governor.  COM- 
MISSION— Fee,  $25.00.  Treasurer's  receipt  to  be  shown  before  ap- 
pointment, except  when  reappointed  after  recess  of  Senate.  If  dis- 
qualification forbids,  a  commission  money  paid  will  be  refunded  on  a 
certificate  of  the  facts,  indorsed  by  the  Governor.  TERM — Four  years. 
If  appointed  during  recess  of  Senate,  the  commission  expires  at  the 
end  of  the  next  session  of  the  Senate,  unless  confirmed  by  the  Senate, 
which  entitles  to  a  commission  for  four  years  from  confirmation.  BOND 
and  two  sureties  to  be  given,  approved  by  the  Governor,  same  to  be 
recorded  in  office  for  recording  of  deeds  within  the  county.  Subject 
to  be  sued  on  by  parties  injured.  OATH,  or  affirmation  to  be  taken 
and  subscribed  to  for  the  faithful  performance  of  all  duties  and  the 
State  constitution  before  acting.  POWERS — To  administer  oaths  inci- 
dent to  their  office,  to  take  acknowledgments  or  proofs  of  instru- 
ments in  writing,  to  make  declarations,  to  protest,  to  take  depositions 
and  affidavits.  ACTS  performed  outside  of  the  county  are  valid.  Ex- 
piration of  office  to  be  stated  on  every  certificate  and  act.  SEAL — 
Secretary  of  State  to  procure  a  seal  at  the  expense  of  the  notary.  Device 
same  as  on  the  great  seal  of  the  State,  with  the  name  of  the  county. 
REGISTER — To  be  kept  of  all  their  official  acts  and  certified  copies 
given  when  required  and  fee  paid.  ON  REMOVAL  from  office  for  any 
cause,  must  within  ten  days,  deposit  register  and  official  papers  with 
the  County  Recorder,  who  shall  give  certified  copies  of  same  when 
required  and  paid  for.  Same,  certified  under  his  official  seal,  shall  be 
evidence  in  all  cases  when  required.  LIABILITY — Failure  or  neglect 
to  so  deposit,  subjects  to  forfeiture  and  payment  of  $100.00,  and  the 
further  sum  of  $100.00  for  each  ten  days  negligent  thereafter,  recover- 


THE   OFFICE   AND   ITS   EEQUIEEMENTS.  39 

able  for  the  use  of  the  party  suing,  and  shall  be  liable  in  damages  to  per- 
sons injured.  The  Recorder  may  bring  action  for  the  register  and 
papers.  Their  official  acts,  protests  and  attestations,  certified  according 
to  law  under  their  hands  and  seals  of  office,  may  be  received  in  evi- 
dence, provided  other  parties  may  contradict  same  by  other  evidence. 
TAX — In  making  up  the  State  tax  they  shall  deduct  from  the  amount 
due  the  State  the  true,  legitimate  expenses  of  their  offices.  In  Phila- 
delphia they  shall  pay  annually  five  per  cent,  of  their  gross  receipts 
in  lieu  of  other  taxes.  Returns  made  under  oath  annually  on  or  before 
the  31st  day  of  December.  A  refusal  or  neglect  of  thirty  days  forfeits 
their  commission.  Justice  of  the  peace  can  act  as  a  notary  in  Delaware 
County.  The  acts  of  foreign  notaries,  in  accordance  with  the  laws  of 
their  country,  shall  be  prima  facie  evidence  of  the  matters  set  forth. 
The  consul  or  vice-consul  of  the  United  States  at  or  near  the  notary's 
residence  shall  certify  (under)  his  seal  that  such  notary  is  a  proper  officer 
and  acts  are  in  accordance  with  the  laws  of  the  country.  FEES — Certifi- 
cates of  copy  ready  made,  50c;  comparing  same,  per  100  words,  7c;  cer- 
tificates of  sales  at  auction,  50c;  taking  proof  of  debts  to  be  sent  abroad, 
proof  and  acknowledgment  of  letters  of  attorney  for  receiving  and 
transferring  public  securities,  50c.  In  Allegheny  County — Making  de- 
mand for  payment,  50c;  protesting  same,  50c;  registering  protest,  50c; 
each  notice,  exceeding  two,  10c;  oaths  or  affirmations,  writing  and  cer- 
tifying, $1.00;  probate  to  bill  or  account  and  certifying,  50c;  acknowl- 
edgments, 25c;  depositions,  first  page,  folio  cap,  $1.00;  depositions,  each 
additional  page,  folio  cap,  75c;  marine  protests,  with  affidavits,  certifi- 
cates, seal,  etc.,  $10.00;  protesting,  registering,  etc.,  $1.00;  affidavit, 
25c;  attesting  letter  of  attorney,  50c;  registering  foreign  sea  protest, 
$1.00;  registering  copy  of  each  protest,  12c;  registering  foreign  bill 
protested  and  certificate,  50*4c;  registering  protest  of  a  bill  of  exchange 
or  promissory  note  for  non-acceptance  or  non-payment,  25c;  entering 
or  noting  sea  protest  to  be  deducted  from  the  legal  charge  for  the  pro- 
test if  extended,  $1.00;  noting  a  bill  of  exchange,  note  or  thing  properly 
protestable,  371/£c;  drawing  and  taking  proof  of  the  acknowledgment  of 
a  bill  of  sale,  bottomry,  mortgage,  or  hypothecation  of  a  vessel  or  char- 
ter party,  $1.00;  certifying  power  of  attorney,  25c;  drawing  and  certi- 
fying affidavit,  $1.00;  oath  or  affirmation,  12^c;  notarial  procuration 
under  seal,  75c;  letter  of  attorney,  for  transferring  stock,  etc.,  and  cer- 
tifying same,  50c;  drawing  and  taking  acknowledgment  or  proof  of 
substitution  to  a  letter  of  attorney,  $1.00;  being  present  at  demand, 
tender  or  deposit,  and  noting  same,  50c. 

§  63.  Philippine  Islands — Spanish  notaries  already  acting  continue 
in  office.  FEES — Protesting,  75c;  registering,  25c;  attesting  letters  of 
attorney  and  seal,  25c;  affidavits,  25c;  oaths  and  affirmations,  25c;  proof 
of  debts  to  be  sent  abroad,  25e;  writing  affidavit  and  deposition,  5c  each 
100  words;  certified  copy  of  record  and  affidavit  of  its  contents,  50c; 
acknowledgments,  25c. 

§  64.  Porto  Rico — ELIGIBILITY — Lawyers  presenting  certificates  of 
good  moral  character,  a  citizen  of  Porto  Rico  or  the  United  States,  of 
legal  age — male.     APPOINTMENT — By  Supreme  Court  on  examination. 


40  NOTARIES  PUBLIC. 

TERM— FEE— $1.00.  BOND  for  good  character.  SEAL— DUTIES— 
Send  protocol  each  month  to  Clerk  of  Supreme  Court.  Documents  requir- 
ing tax  must  show  treasurer's  receipt  before  making  certificates  to  them. 
RECORD — To  be  kept,  and  open  for  inspection.  REMOVAL — To  send 
books  and  papers  to  Clerk  of  Supreme  Court.  LIABILITIES  for  not 
sending  protocol  each  month  to  Clerk  of  Supreme  Court,  $300.00.  Sus- 
pended from  office  on  second  occurrence.  JURISDICTION — No  limita- 
tion. Documents  may  be  written  in  English  when  notary  and  parties 
know  that  language. 

§  65.  Rhode  Island— ELIGIBILITY— A  citizen.  APPOINTMENT— 
By  the  Governor.  COMMISSION— Within  thirty  days  after  its  date, 
party  shall  deliver  to  the  Secretary  of  State  a  certificate  that  he  has 
been  duly  engaged  thereon,  signed  by  the  persons  for  whom  such  engage- 
ment shall  have  been  taken.  Failure  to  do  so  forfeits  the  appointment. 
Fee  for  same,  $2.00.  TERM  of  office,  one  year.  After  expiration  of 
office,  if  not  reappointed,  he  may  continue  to  act  thirty  days  after  the 
first  day  of  July  in  each  year.  BOND — None  seems  required.  OATH 
— Of  office  to  be  taken  for  faithful  performance  of  duties.  DUTIES — 
Protest  bills  and  notes,  take  acknowledgments  and  depositions,  and 
matters  within  their  office.  Issue  subpoenas.  No  protest  shall  be  made 
by  any  notary  who  is  the  president,  cashier,  director,  clerk  or  agent 
of  any  bank  or  institution  for  savings,  wherein  such  note,  draft  or 
check  has  been  placed  for  collection  or  discount.  SEAL — Official  seal 
required  to  authenticate  acts.  RECORD — To  be  kept  of  important 
acts.  REMOVAL  from  office — Records  of  official  acts  to  be  delivered 
to  successor.  LIABILITIES — For  failure  to  deliver  records  to  suc- 
cessor and  for  unfaithfulness  in  performance  of  duties.  FEES — Depo- 
sitions, per  hour  employed,  40c;  per  page  of  200  words,  30c;  per  mile's 
travel  to  place  of  caption,  10c.  Acknowledgments,  50c;  for  engaging 
every  officer,  25c;  recording  and  certifying,  per  page  of  100  words,  15c; 
searching  record,  by  the  hour,  40c.  Noting  a  marine  protest,  $1.00; 
drawing,  recording  and  extending  same,  $1.50;  affidavits,  25c;  noting  a 
bill,  etc.,  25c;  each  notice,  25c;  travel,  more  than  one  mile,  10c;  extend- 
ing and  recording  protest,  57c. 

§66.  South  Carolina— ELIGIBILITY— Citizen.  APPOINTMENT— 
By  the  Govemor.  COMMISSION— Fee,  $3.25.  TERM  of  office,  during 
the  Governor's  pleasure.  BOND — Required  with  approved  sureties. 
OATH  of  office  and  the  oath  regarding  duelling  to  be  taken,  and  certi- 
fied copies  to  be  filed  with  the  Secretary  of  State.  POWERS  AND 
DUTIES — To  administer  oaths,  take  depositions  and  acknowledgments, 
affidavits,  protests  and  renunciation  of  dower.  JURISDICTION — 
Throughout  the  State.  SEAL — Of  office  to  be  provided,  same  to  be 
affixed  to  his  acts  of  publication  and  protestations.  Its  absence  shall 
not  invalidate  his  acts,  provided  his  official  title  be  affixed.  Use  of 
by  notaries  in  other  States  required.  RECORD  to  be  kept  of  important 
acts.  REMOVAL  or  expiration  of  office,  all  records  to  be  given  to 
his  successor.  LIABILITIES  on  bond  for  unfaithfulness.  FEES— Tak- 
ing depositions  and  swearing  witnesses,  per  copy  sheet,  25c;  protesting, 
50c   and   postage;    duplicate   of   deposition,   protest   and   certificate,   per 


THE   OFFICE   AND   ITS   REQUIREMENTS.  41 

100  words,  10c;  for  attendance  on  person  for  proving  a  thing  and  cer- 
tifying, 50c;  notarial  certificate  and  seal,  50c;  oath  or  affidavit,  25c; 
renunciation  of  dower,  $1.00. 

§67.  South  Dakota— ELIGIBILITY— Citizen  resident  in  State. 
WOMEN — Citizens  21  years  of  age  are  eligible  to  the  office.  APPOINT- 
MENT—By  the  Governor.  COMMISSION— Fee,  $2.50.  Same  to  be 
conspicuously  posted  in  his  office.  Notice  of  expiration  will  be  sent 
thirty  days  previously  by  the  Secretary.  TERM — Four  years.  BOND 
—$500;  file  with  Circuit  Court  Clerk.  OATH— To  be  taken  and  filed 
with  Circuit  Court  Clerk.  DUTIES — Take  oaths  and  affirmations  in 
their  county,  protest  commercial  papers  and  serve  notice,  personally  or 
by  mail;  take  depositions;  issue  subpoenas.  JURISDICTION — The  State. 
SEAL — To  be  procured  with  words  "South  Dakota,"  an  impression  to 
be  filed  with  Secretary  of  State  and  the  Circuit  Court  Clerk.  Fee  for 
each,  25c.  RECORD — To  be  kept  of  protests  and  notices  with  names  of 
parties.  REMOVAL  from  office — All  records  to  be  filed  with  the  Circuit 
Court  Clerk  within  three  months.  LIABILITIES — Neglect  to  file  records 
on  removal  or  expiration  of  office,  or  destroying  same  subjects  to  fine  of 
from  $50  to  $500  and  damages  sustained  by  party.  Acting  after  re- 
moval, etc.,  $100.00  each  offense.  FEES — Protests,  $1.50;  notices,  25e 
each,  and  postage;  recording,  50c;  oath  or  affirmation,  each,  10c;  deposi- 
tions, each  10  words,  l%c;  certificate  and  seal,  25c;  acknowledgments, 
25c;  affidavit  and  seal,  25c. 

§  68.  Tennessee; — ELIGIBILITY — Citizenship,  21  years  of  age.  AP- 
POINTED by  the  justices  of  the  County  Court.  COMMISSION  issued  by 
the  Governor.  FEE,  $3.00.  TERM  of  office,  four  years.  BOND— To  be 
given  with  good  sureties  for  $5,000.  OATH — Of  office  to  be  taken  and 
subscribed  to  before  a  justice  of  the  peace  in  his  county.  DUTIES — 
To  take  and  certify  depositions  in  their  county,  to  administer  oaths, 
take  affidavits,  protest  bills  and  notes  and  notify  the  proper  parties. 
OFFICE  to  be  kept  in  the  town  of  the  county  in  which  he  was  appointed. 
The  County  Court  may  require  a  notary  to  keep  his  office  where  any 
bank  may  be  located  in  the  county  out  of  the  county  town,  or  where 
convenient  to  the  people.  SEAL — Of  office  to  be  provided  by  him, 
and  surrendered  to  the  County  Court  when  removed  by  any  cause.  His 
acts  to  be  under  his  official  seal,  received  as  evidence.  RECORDS — To 
be  kept  of  protests  and  notices  of.  REMOVAL  or  expiration  of  office — 
All  records  to  be  delivered  to  successor.  LIABILITIES — If  ineligible 
to  office,  for  not  delivering  books  to  successor,  and  neglect  of  duty.  No- 
taries of  other  States  may  take  depositions  in  their  State  for  use  in 
this  State,  must  certify  and  show  date  of  commencement  and  expira- 
tion of  their  commission.  FEES — For  recording  in  his  record  book, 
$1.00;  protesting,  $1.50;  taking  acknowledgments,  50c;  each  deposition, 
$1.00;  for  other  services  same  fees  as  allowed  other  officers. 

§  69.     Texas— ELIGIBILITY— Citizenship.  APPOINTMENT— By 

the  Governor,  with  Senate's  consent.  COMMISSION — Secretary  of  State 
sends  it  to  the  County  Court  Clerk,  party  to  appear  and  qualify  within 
ten  days  and  pay  $1.00  fee.  Excusable  for  absence  or  sickness.  Date 
of  notice  to  be  endorsed  on  it  and  notification  sent  the  Secretary  by  the 


42  NOTARIES  PUBLIC. 

Clerk.  TERM— Two  years.  BOND— $1,000,  with  sureties  approved  by 
County  Court  Clerk.  OATH — To  be  taken  and  subscribed  to  and  en- 
dorsed on  back  of  bond.  All  recorded  by  Clerk.  DUTIES — Take  ac- 
knowledgments, certify  same  under  his  hand  and  official  seal,  administer 
oaths,  make  declarations,  protests,  take  depositions,  etc.,  incident  to 
the  office.     SEAL — To  be  provided,  having  in  the  center  a  star  of  five 

points    and    "Notary    Public,    County    of    ,    Texas,"    around    the 

margin  (filling  in  his  county  in  the  blank  space).  All  official  acts  to  be 
authenticated  therewith.  No  other  seal  to  be  used  by  him.  RECORDS 
of  all  his  official  acts  to  be  kept.  Subject  to  inspection  and  for  cer- 
tified copies.  REMOVAL  from  office  by  death,  etc.,  all  records  to  be  de- 
livered to  County  Clerk,  under  penalty  not  less  than  $100.  Can  sell 
his  seal.  Removal  from  county  vacates  office.  LIABILITY — For  neg- 
lect or  misfeasance.  COUNTY  CLERK  may  certify  to  his  official  acts. 
Secretary  of  State  to  furnish  County  Clerks  lists  of  notaries.  FEES — 
Protesting,  registering  and  seal,  $2.50;  each  notice,  50c;  other  protests, 
per  100  words,  20c;  certificate  and  seal  to  such,  50c;  acknowledgments, 
50c;  acknowledgments  of  married  women,  $1.00;  oath,  25c;  certificate 
under  seal,  50c;  copies  of  records,  per  200  words,  15c;  other  acts,  50c; 
depositions,  per  100  words,  15c;  swearing  witness  to  deposition,  seal, 
certificate,  etc.,  50c. 

§  70.  Utah— ELIGIBILITY— Citizenship.  APPOINTMENT— By  the 
Governor.  COMMISSION— Fee,  $5.00.  With  oath  and  bond  to  be 
recorded  with  the  Secretary  of  State.  No  suit  shall  be  instituted  on 
bond  three  years  after  the  cause  of  action  accrues.  TERM — Four  years. 
OATH  of  office  to  be  taken  before  acting.  BOND — For  $500,  with  sure- 
ties approved  by  the  Secretary  of  State.  POWERS  AND  DUTIES— 
In  their  county,  to  administer  oaths,  take  acknowedgments,  affidavits 
and  depositions,  make  declarations  and  protests,  and  other  acts  usually 
done  by  notaries  in  other  States  and  territories.  Date  of  expiration 
of  their  commission  to  be  affixed  to  all  acknowledgments.  A  violation 
is  a  misdemeanor.  Protests,  when  made,  written  notice  to  be  given 
the  maker  and  endorsers  or  security  of  the  instrument  as  soon  as  prac- 
ticable. Service  to  be  personal  when  the  person  resides  in  the  same 
town  or  city  with  the  notary,  otherwise  by  mail  or  other  safe  con- 
veyance. SEAL — To  contain  the  name  of  his  county,  State  and  his 
name.  All  his  official  acts  to  be  attested  with  it.  RECORD — To  be  kept 
of  official  acts,  including  notices,  time,  manner  of  service,  names  of  all 
parties  to  whom  directed,  description  and  amount  of  instrument  pro- 
tested. Records  shall  be  competent  evidence  for  legal  proof.  Certified 
copies  to  be  given  when  required  and  the  fee  is  paid.  REMOVAL — 
When  office  is  vacated  all  records  and  papers  to  be  deposited  with  the 
Secretary  of  State  within  thirty  days,  he  to  give  certified  copies  thereof 
when  required  and  fee  received.  LIABILITY — Affixing  their  official 
seal,  wilfully,  after  expiration  of  their  commission  is  a  misdemeanor. 
FEES — Protesting,  $1.00;  notices,  drawing  and  serving,  each,  35c;  re- 
cording protests,  50c;  affidavit  or  deposition,  for  first  folio,  50c;  subse- 
quent folio,  15c;  taking  acknowledgments,  for  first  signature,  50e;  each 
additional  signature,  25c;  administering  oath  or  affirmation,  25c;  every 
certificate  including  writing  and  seal,  50c. 


THE   OFFICE   AND    ITS   REQUIREMENTS.  4j 

§  71.  Vermont— ELIGIBILITY— Citizenship.  APPOINTMENT— By 
the  judges  of  the  County  Court,  for  their  county,  signed  by  two  or  more 
of  them.  COMMISSION— Fee  not  required.  TERM  of  office,  during  the 
term  of  the  judge.  BOND — Not  required.  Record  to  be  made  with  the 
County  Clerk  of  his  oath  of  office,  and  certificate  of  his  appointment. 
Clerks  shall  forward  a  certificate  of  same,  with  term  of  office,  to  the 
Secretary  of  State  immediately.  OATH  of  office  to  be  taken.  DUTIES 
AND  POWERS — Protest  and  give  notice  of  commercial  papers,  ad- 
minister oaths,  take  acknowledgments,  issue  subpoenas  and  attachments 
for  witnesses,  take  depositions.  JURISDICTION — Throughout  the  State. 
SEAL  of  office  to  be  provided  by  him,  and  affixed  to  all  his  official  acts. 
Seal  need  not  be  affixed  to  acknowledgments  or  oaths.  RECORD — 
Protests  and  notices.  REMOVAL  or  expiration  of  office — All  official 
papers  to  be  delivered  to  his  successor.  LIABILITIES  £pr  neglect, 
and  collecting  illegal  fees.  County  Clerks,  by  virtue  of  their  office, 
are  notaries  public.  FEES — Protests  and  notices,  $1.00;  certificates 
under  seal,  each,  25c. 

§  72.  Virginia— ELIGIBILITY— Citizenship.  APPOINTMENT— By 
the  Governor,  not  exceeding  one  for  every  five  hundred  population. 
COMMISSION— Fee  for  appointment,  $3.00.  TERM— Four  years. 
BOND — To  be  given  in  the  County  Court  of  or  corporation  for  which 
appointed,  within  four  months  from  date  of  commission,  under  a  penalty 
not  less  than  $500.  The  Clerk  to  immediately  forward  a  copy  to  the 
Secretary  of  State,  same  to  be  approved  by  the  court  or  officer  taking  it. 
OATH  of  office  to  be  taken.  DUTIES — Conservator  of  the  peace,  admin- 
ister oaths,  collect  tax  on  seals,  protest  commercial  paper,  give  notice  of, 
take  acknowledgments,  oaths  and  affidavits.  An  annual  report  to  be 
made  of  tax  to  the  County  Commissioner  of  revenue  between  September 
1st  and  October  1st.  Taxes  on  the  seal  of  a  notary  shall  be  paid  to 
him.  When  seal  is  annexed  to  any  pension  claim  or  for  military  service, 
either  State  or  national,  or  when  annexed  to  an  affidavit  or  deposi- 
tion no  tax  charged.  No  deed  or  contract  to  be  admitted  to  record 
(except  for  a  church  or  school)  or  no  will  admitted  to  probate,  and  no 
grant  of  administration  until  tax  is  paid  to  the  Clerk.  JURISDICTION 
may  be  for  two  or  more  counties  or  corporations.  SEAL — Procure  a 
seal  to  authenticate  his  acts.  RECORD  to  be  kept  of  his  official  acts. 
REMOVAL  from  the  county  or  corporation,  unless  into  a  county  also 
appointed  for,  shall  be  construed  as  a  vacation  of  office.  County 
Clerk  or  of  corporation  shall  at  once  inform  the  Governor  of  vacancies 
or  deaths.  LIABILITY  for  failing  to  return  statement  of  taxes,  three 
hundred  dollars,  and  an  additional  fifty  dollars  for  each  month  failing 
to  make  statement.  Also  liable  for  acting  before  giving  bond  and  taking 
oath,  $100  to  $1,000.  FEES — Protest,  record  of,  notice  to  one  person 
besides  the  maker  or  acceptor,  $1.00;  each  additional  notice,  10c;  ac- 
knowledgments, 50c;  oath,  25c;  certifying  affidavits  or  depositions  of 
witnesses,  when  done  in  one  hour,  75c;  each  additional  hour,  75c.  Fees 
to  be  stated  at  the  foot  of  affidavits  or  depositions,  also  to  whom  charged, 
and  if  paid,  by  whom. 

§  73.     Washington— ELIGIBILITY— An  Elector.     APPOINTMENT— 


44  NOTARIES  PUBLIC. 

By  the  Governor,  upon  petition  of  twenty  freeholders  of  the  county. 
COMMISSION— Fee,  $10.  The  Secretary  of  State  shall  file  with  the 
County  Clerk  the  date  of  commission.  Either  may  certify  the  official 
character  of  the  notary,  when  required,  under  their  official  seal.  Fee, 
$1.00.  PEOCUEE  A  SEAL  having  engraved  on  it  "Notary  Public," 
"State  of  Washington,"  and  date  of  expiration  of  commission,  with 
surname  in  full,  and  at  least  the  initials  of  the  Christian  name. 
TEEM— Four  years.  BOND— To  the  State  for  $1,000;  sureties  ap- 
proved by  the  County  Clerk.  OATH  of  office  required.  File  with 
the  Secretary  of  State,  bond,  oath,  treasurer's  receipt  and  impression 
of  seal,  the  latter  subject  to  the  approval  of  the  Governor.  DUTIES 
— In  the  county,  to  protest  bills  and  notes,  and  matters  relating  to 
protest,  and  such  other  duties  pertaining  to  the  office  by  the  custom 
and  laws  merchant,  take  acknowledgments,  depositions,  affidavits  and 
administer  oaths.  Every  attorney  who  is  a  notary  may  administer  any 
oath  to  his  client.  Seal  not  required  on  an  oath,  but  in  all  other  cases 
it  is.  EECOED  to  be  kept  of  all  notices  of  protests,  with  time  and 
manner  given,  copy  of  the  instrument,  and  notice.  Said  record,  or  a 
copy,  certified  under  the  hand  and  seal  of  the  notary  public  or  County 
Clerk  having  the  custody  of  the  original  record,  shall  be  competent  evi- 
dence to  prove  the  facts  stated.  The  same  may  be  contradicted  by  other 
competent  evidence.  EEMOVAL,  by  death,  etc.,  and  at  the  expiration 
of  office,  provided  his  commission  is  not  renewed,  records  and  official 
papers  shall,  within  three  months,  be  deposited  with  the  County  Clerk. 
Neglect  shall  forfeit  a  sum  not  exceeding  one  thousand  dollars,  recov- 
erable in  a  civil  action  by  the  person  injured.  The  executor  or  adminis- 
trator is  likewise  liable.  LIABILITY — For  unfaithfulness  in  office. 
FEES — Protest,  $1.00;  attesting  with  seal,  50c;  taking  acknowledgment, 
two  persons  with  seal,  50c;  taking  acknowledgment,  each  person  over 
two,  25c;  certifying  affidavit  with  or  without  seal,  50c;  registering  pro- 
test, 50c;  being  present  at  demand,  tender  or  deposit,  and  noting  same 
besides  mileage  at  10c  per  mile,  50c;  noting  a  bill  or  note  for  non- 
acceptance  or  non-payment,  50c;  copying  any  instrument  or  record, 
besides  certificate  or  seal,  per  folio,  15c. 

§74.  West  Virginia— ELIGIBILITY— A  citizen  of  the  State,  must 
reside  in  the  county  of  appointment.  APPOINTMENT— By  the  Gov- 
ernor. COMMISSION— Fee,  $2.50,  to  State  Secretary.  TEEM— Dur- 
ing good  behavior.  BOND — To  be  given  for  not  less  than  $250.00  nor 
more  than  $1,000,  with  security  approved  by  the  County  Court.  Must 
qualify  within  sixty  days  of  notice  of  appointment,  otherwise  office  is 
vacant.  Acting  without  qualification  forfeits  not  less  than  fifty  nor 
more  than  one  thousand  dollars.  OATH  of  office  required  to  support 
the  State  and  United  States  constitutions  and  to  faithfully  discharge 
the  duties  of  the  office,  filed  with  County  Court  Clerk.  DUTIES  AND 
POWEES — To  administer  oaths,  take  affidavits,  depositions,  acknowl- 
edgments, examine  privily  married  women  respecting  any  written  instru- 
ments. He  shall  be  a  conservator  of  the  peace,  exercising  therein  the 
powers  of  a  justice  of  the  peace.  Protest  bills,  demand  acceptance  or 
payment   thereof,  and   such   other  duties  as  commercial  usage   require. 


THE   OFFICE   AND   ITS   REQUIREMENTS.  45 

JURISDICTION— The  county  of  his  appointment.  SEAL— To  procure  and 
authenticate  official  acts  with.  Not  necessary  in  taking  oaths,  affidavits, 
depositions  and  acknowledgments.  RECORD — To  be  kept  of  official  acts. 
REMOVAL  from  office,  all  records  and  official  papers  shall  be  deposited 
with  the  County  Court  Clerk  within  three  months  after  death  or  re- 
moval from  office,  under  a  penalty  not  exceeding  five  hundred  dollars. 
LIABILITY — Disqualifications,  conviction  of  treason,  felony  or  bribery 
in  an  election,  before  any  court  in  or  out  of  this  State,  fighting  or  en- 
couraging a  duel.  Wilful  destruction,  defacing  or  concealing  of  the 
records  or  papers  forfeits  a  sum  not  exceeding  one  thousand  dollars, 
and  damages  to  the  party  injured  thereby.  The  protest  of  bills  and 
notes  shall  be  prima  facie  evidence  of  the  facts  stated  if  signed  by 
the  notary.  FEES — Protesting,  recording,  drawing  instrument  and  no- 
tice, $1.00;  notices,  additional,  10c;  acknowledgments,  50c;  administer- 
ing and  certifying  an  oath,  other  than  to  a  witness,  25c;  affidavits  or 
depositions  of  witnesses,  per  hour  employed,  75c;  for  other  services,  the 
same  as  allowed  Circuit  Court  Clerks. 

§75.  Wisconsin— ELIGIBILITY— Resident  elector,  21  years  of  age. 
WOMEN  may  be  appointed.  APPOINTED— By  Governor.  COMMIS- 
SION— Fee,  $2.00,  payable  to  Secretary  of  State.  Commission  must  be 
filed,  together  with  notary 's  autograph  and  seal  impression,  with  his 
County  Circuit  Court  Clerk.  TERM— Four  years.  BOND— Five  hun- 
dred dollars,  and  surety  approved  by  the  county  judge  or  clerk  of  the 
County  Circuit  Court.  OATH — To  be  taken  for  faithfulness  in  office. 
Oath,  bond  and  seal  impression  to  be  filed  with  Secretary  of  State. 
DUTIES  AND  POWER— To  demand  acceptance  of  bills  of  exchange, 
promissory  notes,  protest  same,  administer  oaths,  take  depositions,  ac- 
knowledgments, and  other  duties  accorded  by  the  law  of  nations  or  com- 
mercial usage.  Always  state  when  commission  expires.  Jurisdiction 
throughout  the  State.  SEAL* — To  have  impression  of  his  name,  office 
and  county.  RECORD  to  be  kept  of  official  acts.  REMOVAL  from 
office,  all  records  and  papers  to  be  filed  with  the  County  Circuit  Court 
Clerk.  Penalty  for  failure  to  so  do,  within  three  months,  $50  to  $500. 
Also  liable  to  injured  party  for  damages  arising.  Notice  of  resignation 
to  be  sent  to  the  Secretary  of  State,  who  will  notify  the  County  Circuit 
Court  Clerk.  Removal  from  county  vacates  his  office.  LIABLE — For 
misconduct  or  neglect  to  party  injured.  FEES — Protest,  when  neces- 
sary, non-acceptance  or  non-payment,  50c;  protest,  otherwise,  25c;  notice 
of  protest,  25c;  affidavit,  per  folio,  25c;  copying  affidavit,  per  folio,  6c; 
acknowledgments,  25c;  taking  depositions,  per  folio,  12c. 

§  76.  Wyoming— ELIGIBILITY— Of  good  moral  character,  a  citizen 
of  the  United  States,  over  the  age  of  twenty-one  years,  able  to  read  and 
write  the  English  language,  a  resident  of  the  State  and  of  the  county. 
APPOINTMENT— By  the  Governor  on  the  petition  of  five  or  more 
reputable  freeholders  of  the  county.  COMMISSION — Fee,  $5.00.  TERM 
of  office,  four  years.  BOND — To  be  given  within  sixty  days  of  appoint- 
ment for  $500,  with  two  sureties  approved  and  filed  with  the  Register 
of  Deeds  conditioned  for  faithfulness  in  office.  OATH  or  affirmation  to 
be   subscribed   to   before    any    county    officer   authorized    to    administer 


46  NOTAEIES  PUBLIC. 

oaths.  POWERS  AND  DUTIES— To  administer  oaths  and  affirmations, 
take  depositions,  acknowledgments,  demand  acceptance  or  payment  of 
bills,  promissory  notes  and  obligations  in  writing,  to  protest  for  non- 
acceptance  or  non-payment,  and  such  powers  and  duties  required  by  the 
law  of  nations  and  commercial  usage.  Jurisdiction,  his  county.  SEAL 
of  office  to  be  provided  to  authenticate  his  acts,  having  engraved  thereon 
his  name,  the  words  "Notary  Public,"  the  name  of  his  county  and 
Wyoming.  RECORD — Official  register  to  be  provided  for  recording  his 
official  acts.  The  register  and  seal  not  subject  to  levy  or  sale.  Record 
to  be  kept  of  every  bill  of  exchange,  promissory  note  or  obligation  re- 
ceived for  demand  and  protest,  official  acts  and  dates,  name  of  each 
drawer,  indorser  or  other  person  notified  and  the  place  where  notice 
was  delivered.  REMOVAL — For  any  cause,  deposit  of  register  with  the 
Register  of  Deeds  shall  be  made  within  thirty  days  after  expiration 
of  term  or  removal  from  office,  or  death.  Neglect  to  do  so  subjects 
him  or  his  executors  to  a  penalty  of  $200,  recoverable  by  any  citizen  of 
the  county,  to  be  applied  to  the  school  fund  of  the  county.  LIABILITY 
— Persons  damaged  or  injured  by  his  acts  may  maintain  action  on  his 
bond,  and  a  recovery  shall  not  bar  any  future  action  to  the  full  amount 
of  the  bond.  It  is  a  felony  to  sign  any  false  certificate  of  acknowledg- 
ment or  jurat,  punishable  by  imprisonment  in  the  penitentiary  for  three 
years.  Any  one  requesting  or  assenting  shall  be  deemed  guilty  of  the 
same  offense.  Evidence — His  certificate,  signed  and  sealed,  shall  be 
presumptive  evidence  in  all  courts  of  this  State  of  the  facts  stated, 
provided  that  any  person  interested  as  a  party  to  a  suit  may  contradict 
by  other  evidence  the  notary's  certificate.  Each  certificate  must  con- 
tain date  of  expiration  of  his  commission.  FEES — Protesting,  $1.00; 
notices,  each,  50c;  certificate  and  seal,  50c;  oath  or  affirmation  admin- 
istered, 50c;  acknowledgment  of,  50c;  additional  acknowledgment,  25c; 
depositions,  taking,  per  folio,  15c;  other  services,  $5.00. 

§  77.  Canada— ELIGIBILITY— A  British  subject,  not  a  barrister  or 
solicitor.  Subject  to  examination  before  a  judge  of  the  Supreme  or 
County  Court.  APPOINTMENT— By  the  Lieutenant-Governor  in  coun- 
cil. For  all  or  part  of  Province.  TERM — During  Lieutenant-Governor's 
pleasure.  COMMISSION — Fee,  $5.00,  payable  to  the  examiner.  To  act 
in  entire  province,  $20;  lesser  jurisdiction,  $10.  To  the  consolidated 
revenue  fund.  DUTIES — To  attest  commercial  instruments  brought  to 
him  for  protest  and  such  acts  usual  to  the  office.  Acknowledgments, 
affidavits.    SEAL— Yes. 


CHAPTER    II. 

AFFIDAVITS,   OATHS   AND   AFFIRMATIONS. 

§  78.  An  affidavit  is  a  written  declaration  under  oath  by 
a  party  before  some  person  who  has  authority  under  the  law 
to  administer  oaths,  made  without  notice  to  the  adverse  party 
in  a  case.1  It  is  distinguished  from  a  deposition  in  this  re- 
spect, the  latter  can  only  be  taken  by  giving  notice  to  the 
adverse  party.  It  does  not  depend  on  the  fact  whether  it  is 
entitled  in  any  cause  or  in  any  particular  way.  Without  any 
caption  whatever,  it  is  nevertheless  an  affidavit.2 

It  is  a  declaration  or  statement  in  writing,  sworn  to  or 
affirmed  before  some  officer  having  authority  to  administer  an 
oath  or  affirmation.  The  oath  or  affirmation  is  essential,  but 
signing  has  been  held  unnecessary,  though  required  as  matter 
of  common  practice. 

§  79.  Authority. — An  affidavit,  to  have  authority,  must  be 
sworn  to  before  an  officer.3  Officer's  certificate  to  an  affidavit 
must  show  evidence  of  authority  to  make  his  certificate  prima 
facie  evidence  of  the  fact.4 

The  civil  code  of  New  York  requires  that,  when  an  affidavit 
is  taken  in  another  State  to  be  used  in  New  York,  there  must 
be  a  certificate  that  such  officer  was  authorized  by  the  laws 
of  his  State  to  take  and  certify  acknowledgments  and  proofs 
of  deeds  to  be  recorded  in  his  State.  A  certificate  taken  in 
another  State  reciting  that  the  officer  is  a  notary  public  and 
as  such  is  duly  authorized  by  the  laws  of  such  State  to  take, 
does  not  comply  with  the  code  of  New  York.5  It  must  be  ac- 
companied by  the  certificate  of  his  authority  by  the  authorized 
officer  of  his  State.     (See  statutory  requirements.) 

i  Crenshaw  v.  Miller,  111  F.  450.  Shockley  v.   Turnell,   40  S.   E.   279, 

2  Harris  v.  Lester,  80  111.  307.  Id.  114  Ga.  378. 

3  McDermaid  v.  Russell,  41  111.  s  Stanton  v.  U.  S.  Pipe  Line  Co., 
489.  25   Civ.    Proc.   Reports,    180;    Wood 

*  Smith    v.    Lyons,    80    111.    600 ;      v.  St.  P.  C.  R.  Co.,  7  L.  R.  A.  149. 

47 


48  NOTARIES  PUBLIC. 

An  affidavit  annexed  to  a  chattel  mortgage  which  was  taken 
in  Pennsylvania  before  a  notary  public  Avhose  jurat  failed  to 
state  that  he,  was  a  notary  public  of  that  State  as  required  by 
statute :  Held,  that  it  did  have  annexed  an  affidavit  within 
the  meaning  of  the  law  and  was  not  void  as  to  creditors.7 

The  courts  of  Alabama  cannot  take  judicial  knowledge  of 
the  appointment  and  term  of  office  of  notaries  public  in  other 
States  and  countries.  An  affidavit  of  a  notary  of  Tennessee 
having  no  notarial  seal  attached  nor  any  evidence  of  author- 
ity is  insufficient.8     So  in  most  States. 

A  notary  public  of  another  State  must  certify  that  he  has 
power  to  administer  oaths;  it  cannot  be  presumed.9  If  no 
authority  is  shown,  it  will  be  treated  as  a  nullity.  When  a 
seal  is  used  certificate  is  not  required.10  Affidavits  sworn  to 
before  notaries  public  in  Canada,  which  give  no  certificate  of 
their  authority  to  administer  oaths  in  the  dominion  of  Can- 
ada, are  void.11  The  officer  who  administers  an  oath  must 
have  legal  and  competent  authority,  or  the  person  taking  it 
before  him,  however  false,  cannot  be  convicted  of  perjury.12 

A  notary  of  another  State  is  permitted  to  file,  as  an 
amendment  to  his  original  certificate,  an  additional  certificate 
stating  that  he  is  authorized  to  administer  oaths.13 

The  rights  to  take  affidavits  by  a  notary  is  a  statutory  right 
and  is  not  recognized  by  the  law  merchant. 

Courts  of  one  State  do  not  always  recognize  the  right  of 
a  notary  of  another  State  to  take  affidavits,  unless  the  same  is 
accompanied  by  the  certificate  of  a  clerk  of  a  court  of 
record.14 

§  80.  Affidavit  sufficiency. — Looseness  in  the  form  of  a 
verification  of  papers  required  to  be  verified,  ought  not  to  be 
encouraged.     It   is   a   universal   rule   in   all   courts   that   any 

7  Magowan  v.  Baird,  53  N.  J.  Eq.  "  Ferris  v.   Commercial  Nat.  Bk., 

656.  158  111.  237. 

s  Ala.  Nat.  Bk.  v.  Chattanooga  D.  12  Van  Dusen  v.  People,  78  111.  64. 

&  S.  Co.,  106  Ala.  663;  Chandler  v.  is  Goldie  v.  McDonald,  78  111.  606. 

Hanna,  73  Ala.  390 ;  Bradley  v.  No.  «  Teutonia    L.    &    Bldg.    Co.    v. 

Bk.,  60  Ala.  252.  O'Farrell,  —  Ind.  App.   (1898)  ;  see 

»Keefer   v.    Mason,    36    111.   406;  Behn  et  al.  v.  Yoring,  21  Ga.  207; 

Smith  v.  Lyons,  80  111.  600.  Minn.  St.  E.  R.  Co.  v.  Keep,  22  111. 

10  Harding  v.  Curtis,  45  111.  252.  9;  Connalley  t.  Wallace  Co.,  51  W. 

Va.  181. 


AFFIDAVITS,    OATHS   AND    AFFIRMATIONS.  49 

irregularity  in  a  jurat  may,  unless  expressly  waived,  be  ob- 
jected to  in  any  stage  of  a  cause.15 

An  affidavit  to  a  claim  for  a  mechanic's  lien,  stating  that 
the  amount  claimed  was  due  and  payable  from  a  date  named 
in  an  exhibit,  which  was  stated  to  be  a  just  and  true  state- 
ment of  the  account  due  the  petitioner,  is  a  sufficient  verifi- 
cation.16 

A  certificate  stating  that  the  notice  "has  been  published 
five  times  in,  etc.,"  is  insufficient.  The  statute  provides  that 
the  notice  shall  be  published  at  least  "five  successive  days."17 

§  81.  Affidavit;  information  and  belief. — A  verification  of 
a  creditor's  bill,  wherein  the  affiant  states  on  his  oath  and 
says  that  "he  has  read  the  foregoing  bill  of  complaint,  and 
knows  the  contents  thereof,  and  the  same  are  true,  except 
as  to  those  matters  therein  stated  upon  information  and 
belief;  and  as  to  those  matters  he  believes  it  to  be  true." 
This  is  not  a  sufficient  verification,  and  amounts  to  no  more 
than  a  statement.18  He  must  swear  peremptorily  to  the 
fact.19 

§  82.  Affidavit  to  a  publication. — Where  the  certificate  of 
publication  of  the  delinquent  tax  list  literally  follows  the 
statute  no  venue  need  be  attached  either  to  the  certificate  or 
the  oath.20 

§  83.  Affidavit ;  venue. — If  the  State  and  county  are  given 
in  the  venue  of  the  affidavit,  this  is  ample  evidence  of  the 
place  where  the  oath  was  administered.  Unless  authorized 
by  statute,  an  officer  can  perform  no  official  act  outside  of 
and  beyond  the  territorial  limits  in  which  he  is  authorized 
and  required  to  act.21 

§  84.  A  jurat  is  that  part  of  an  affidavit  where  the  officers 
states  that  the  same  was  sworn  to  before  him.22 

§  85.     An   affirmation — where   an   oath   is   required,   if  the 

is  Heffron    v.    Rice,    40    111.    App.  is  Brabrook     T.     Co.     v.     Belding 

244;    Brabrook    T.    Co.    v.    Belding  Bros.,  40  111.  App.  326. 

Bros.,  40  111.  App.  326.  is  Heffron    v.    Rice,    40    111.    App. 

16  Moore  v.  Parish,  163  111.  93.  244;  Leigh  v.  Green,  90  N.  W.  255. 

17  Evans  v.  People  ex  rel.,  139  111.  20  Bass  v.  People,  159  111.  207. 
552 ;  Toberg  v.  City  of  Chicago,  164  21  Van    Dusen    v.    People,    78    111. 
111.  572.  645. 

22Bouvier's  Dict'y. 


50  XOTAEIES  PUBLIC. 

party  has  religious  scruples,  it  shall  be  deemed  complied  with 
by  affirmation  in  judicial  form.23 

§  86.  Oath  is  an  outward  pledge  given  by  the  person  that 
his  attestation  (or  promise)  is  made  under  an  immediate  sense 
of  his  responsibility  to  God.24  To  make  a  valid  oath,  for  the 
falsity  of  which  perjury  will  lie,  there  must  be  in  some  form, 
in  the  presence  of  an  officer  authorized  to  administer  it,  an 
unequivocal  and  present  act,  by  which  the  affiant  consciously 
takes  upon  himself  the  obligations  of  an  oath.  The  delivery 
of  an  affidavit  to  an  officer,  signed,  is  not  such  an  act.25 

§  87.  Oaths. — An  oath  taken  with  the  uplifted  hand,  and 
swearing  by  the  ever-living  God,  is  effectual.  If  any  objec- 
tion, it  should  be  made  before,  not  after,  the  verdict.26  Oaths 
are  to  be  administered  to  all  persons  according  to  their  own 
opinions,  and  as  it  most  affects  their  consciences.  Oaths 
taken  by  an  uplifted  hand  only,  are  valid.27  All  persons  who 
believe  in  the  existence  of  a  God  and  a  future  state,  are  on 
this  account  good  witnesses.28  One  having  no  religion,  believ- 
ing in  no  God,  and  not  accountable  here  or  hereafter,  cannot 
become  a  witness.29 

§  88.  Who  may  administer  oaths. — Notaries  public  are 
authorized  to  administer  oaths  generally.30  By  the  Illinois 
statute,  a  notary  can  administer  oaths  in  all  cases,  and  proof 
of  his  official  character  is  not  required,  except  in  a  county 
other  than  where  the  suit  may  be  pending,  as  courts  take 
judicial  cognizance  of  all  who  are  authorized  to  administer 
oaths  within  their  county.31 

The  power  to  administer  oaths  is  not  one  of  the  incidents 
of  the  office  of  notary  public.  Under  the  general  Law  Mer- 
chant, where  the  power  is  annexed  to  the  office,  it  is  so  by 
virtue  of  positive  enactment ;  its  existence  cannot  be  pre- 
sumed in  the  absence  of  all  proof  or  ground  for  presumption.32 
■ 

23  IT.  S.  Eev.  Stat.  1878,  sec.  1.  29  c.    M.   T.  E.   E.   Co.  v.  Eocka- 

24  Tyler  on  Oaths,  15.  fellow,  17  111.  541. 

25  O  'Beilly  v.  People,  86  N.  Y.  so  Edwards  v.  McKay,  73  111.  570  ; 
154.  Campbell  v.  State,  68  S.  W.  513. 

seMcKinney    v.    People,    2    Gilta.  si  Stout  v.  Slatterly,   12  111.  162; 

540.  Bowley  v.  Berrien,  12  111.  200;  Dyer 

27  Gill  v.  Caldwell,  Breese  53.  v.  Flint,  21  111.  80. 

28  Noble  v.  People,  Breese  54.  32  Keefer  v.  Mason,  36  111.  406. 


AFFIDAVITS,    OATHS   AND    AFFIRMATIONS.  51 

The  officer's  certificate  must  show  evidence  of  authority, 
to  make  it  prima  facie  evidence  of  the  fact.33 

The  characters  "N.  P."  clearly  indicate  the  office  of  notary 
public.  In  attachment  cases  the  affidavit  may  be  made  be- 
fore any  officer  authorized  by  the  laws  of  the  State  to  ad- 
minister oaths.  If  in  the  county,  a  seal  is  not  required,  but 
it  is  required  for  outside  the  county  or  State.34 

An  attorney  may  administer  an  oath  to  his  client  on  an 
affidavit  to  be  filed  in  the  suit.35 

However  improper  and  unprofessional  it  may  be  for  attor- 
neys in  a  case  pending,  or  about  to  begin,  to  administer  an 
oath  to  an  affidavit,  sworn  to  by  his  client  in  such  suit,  there 
is  nothing  in  the  law  that  forbids  it.36  Courts  generally  dis- 
countenance it.37 

Where  the  record  does  not  disclose  that  the  acting  attor- 
ney and  the  notary  signing  the  affidavit  are  one  and  the  same, 
the  identity  of  the  two  men  should  not  be  inferred  from  the 
identity  of  names.38 

A  notary  who  is  superintendent  of  the  special  assessment 
department  of  a  city  is  not  disqualified  from  administering 
an  oath  to  any  person.39  It  may  be  to  a  fellow  commis- 
sioner, for  filing  and  use  in  the  proceeding.40 

A  court  of  equity  has  power  to  direct  that  commissioners 
appointed  under  the  provisions  of  a  decree  to  appraise  real 
estate  and  set  off  homestead  may  take  the  oath  for  the  per- 
formance of  their  duties  before  any  officer  empowered  by  law 
to  administer  oaths  generally,  and  notaries  public  are  thus 
empowered.41 

An  attorney  having  acted  for  a  party  in  a  justice  court 
is  not  precluded  from  acting  as  notary  by  taking  the  parties' 
oath,  in  subsequent  matters.42 

§  89.     Oaths  in  U.  S.  government  claims. — A  notary  public 

33  Smith  v.  Lyons,  80  111.  600.  39  McChesney  v.  City  of  Chicago, 

s*  Rowley  v.  Berrien,  12  111.  198.         159  111.  223. 

35  Evans  v.  Schriver  Laundry  Co.,  40  Peck  v.  People,  153  111.  454. 

57  111.  App.  150.  41  Dillman  v.  Will  Co.  N.  Bk.,  138 

36  Id.  111.  282;  Id.  139  111.  269,  Id.  36  111. 
3T  Link  v.  Litchfield,  141  111.  469 ;      App.  272. 

Hollenbeck  v.  Detrick,  162  111.  392.  42  Lynch  v.  Wayne  Circuit  Judge, 

38  Bradley  v.  Claudon,  45  III.  App.      129  Mich.  110,  88  S.  W.  387. 
326.  43  U.  S.  Rev.  St.  Supp.  p.  762. 


52  NOTAEIES  PUBLIC. 

is  authorized  to  administer  oaths  in  claims  against  the  gov- 
ernment for  back  pay,  pensions  or  bounty  cases.43 

§  90.  Oaths  under  U.  S.  laws. — In  all  cases  in  which,  under 
the  laws  of  the  United  States,  oaths  or  acknowledgments  may 
now  be  taken  or  made  before  any  justice  of  the  peace  of  any 
State  or  Territory,  or  in  the  District  of  Columbia,  they  may 
hereafter  be  also  taken  or  made  by  or  before  any  notary 
public  duly  appointed  in  any  State,  district,  or  Territory,  or 
any  of  the  Commissioners  of  the  Circuit  Courts,  and,  when 
certified  under  the  hand  and  official  seal  of  such  notary  or 
commissioner,  shall  have  the  same  force  and  effect  as  if  taken 
or  made  by  or  before  such  justice  of  the  peace.44 

§  91.  Oaths  administered  by  U.  S.  government  employes. — 
No  officer,  clerk,  or  employe  of  any  executive  department 
who  is  also  a  notary  public  or  other  officer  authorized  to  ad- 
minister oaths,  can  charge  or  receive  any  fee  or  compensation 
for  administering  oaths  of  office  to  employes  of  such  depart- 
ment required  to  be  taken  on  appointment  or  promotion 
therein.45 

§  92.  Oath  of  State  and  other  officers,  with  form. — Every 
member  of  a  State  legislature,  and  every  executive  and 
judicial  officer  of  a  State,  shall,  before  he  proceeds  to  execute 
the  duties  of  his  office,  take  an  oath  in  the  following  form, 
to-wit:  "I,  A  B,  do  solemnly  swear  that  I  will  support  the 
Constitution  of  the  United  States."46  Such  oath  may  be 
administered  by  any  person  who,  by  the  law  of  the  State, 
is  authorized  to  administer  the  oath  of  office ;  and  the  person 
so  administering  such  oath  shall  cause  a  record  or  certificate 
thereof  to  be  made  in  the  same  manner  as,  by  the  law  of  the 
State,  he  is  directed  to  record  or  certify  the  oath  of  office.47 

§  93.  Oath  to  adverse  claimant  of  U.  S.  mineral  lands. — 
An  adverse  claimant  to  mineral  lands,  if  residing  or  at  the 
time  being  beyond  the  limits  of  the  district  wherein  the  claim 
is  situated,  may  make  oath  to  the  adverse  claim  before  any 
notary  public  of  such  State  or  Territory.  Applicants  for 
mineral  patents  may  make  oath  or  affidavit  required  for 
proof  of  citizenship  before  the  same.48 

«  U.  S.  Eev.  St.  1878,  see.  1778.  47  ibid. 

45  U.  S.  E.  S.  Sup.  vol.  1,  p.  791.  48  u.  S.  E.  S.  Sup.  p.  338. 

4«  IT.  S.  Eev.  Stat  1878,  sees.  1836 
and  1837. 


AFFIDAVITS,    OATHS   AND   AFFIRMATIONS.  53 

§  94.  Oaths  to  applicants  for  U.  S.  pensions. — A  notary 
public  is  authorized  to  administer  and  certify  any  oath  or 
affirmation  relating  to  any  pension  or  application  therefor. 
In  doing  so,  he  must  authenticate  his  act  by  his  seal  of 
office.49 

§  95.  Oath  of  U.  S.  government  officers. — Every  person 
elected  or  appointed  to  any  office  of  honor  or  profit,  either 
in  the  civil,  military,  or  naval  service,  excepting  the  Presi- 
dent and  the  persons  embraced  by  the  section  following, 
shall,  before  entering  upon  the  duties  of  such  office,  and  be- 
fore being  entitled  to  any  part  of  the  salary  or  other  emulo- 
ments  thereof,  take  and  subscribe  the  following  oath:  "I, 
A  B,  do  solemnly  swear  (or  affirm)  that  I  have  never  volun- 
tarily borne  arms  against  the  United  States  since  I  have  been 
a  citizen  thereof ;  that  I  have  voluntarily  given  no  aid,  counte- 
nance, counsel,  or  encouragement  to  persons  engaged  in 
armed  hostility  thereto ;  that  I  have  neither  sought,  nor  ac- 
cepted, nor  attempted  to  exercise  the  functions  of  any  office 
whatever,  under  any  authority,  or  pretended  authority,  in 
hostility  to  the  United  States;  that  I  have  not  yielded  a 
voluntary  support  to  any  pretended  government,  authority, 
power,  or  constitution  within  the  United  States,  hostile  or 
inimical  thereto.  And  I  do  further  swear  (or  affirm)  that, 
to  the  best  of  my  knowledge  and  ability,  I  will  support  and 
defend  the  Constitution  of  the  United  States  against  all 
enemies,  foreign  and  domestic ;  that  I  will  bear  true  faith  and 
allegiance  to  the  same ;  that  I  take  this  obligation  freely, 
without  any  mental  reservation  or  purpose  of  evasion,  and 
that  I  will  well  and  faithfully  discharge  the  duties  of  the 
office  on  which  I  am  about  to  enter,  so  help  me  God."50 

§  96.  Oath  of  U.  S.  government  officer,  formerly  a  par- 
ticipant in  the  rebellion,  and  authority  to  administer  same. — 

Whenever  any  person  who  is  not  rendered  ineligible  to  office 
by  the  provisions  of  the  fourteenth  amendment  to  the  Con- 
stitution is  elected  or  appointed  to  any  office  of  honor  or 
trust  under  the  Government  of  the  United  States,  and  is  not 
able,  on  account  of  his  participation  in  the  late  rebellion,  to 
take  the  oath  prescribed  in  the  preceding  section,  he  shall, 

49  U.  S.  Rev.  Stat.  Supp.  2,  p.  50.         so  u.  S.  R.  S.  1878,  sec.  1756. 


54  NOTARIES  PUBLIC. 

before  entering  upon  the  duties  of  his  office,  take  and  sub- 
scribe in  lieu  of  that  oath  the  following  oath:  "I,  A  B,  do 
solemnly  swear  (or  affirm)  that  I  will  support  and  defend  the 
Constitution  of  the  United  States  against  all  enemies,  for- 
eign and  domestic ;  that  I  will  bear  true  faith  and  allegiance 
to  the  same;  that  I  take  this  obligation  freely,  without  any 
mental  reservation  or  purpose  of  evasion ;  and  that  I  will  well 
and  faithfully  discharge  the  duties  of  the  office  on  which  I 
am  about  to  enter.     So  help  me  God."51 

The  oath  of  office  required  by  either  of  the  two  preceding 
sections  may  be  taken  before  any  officer  who  is  authorized 
by  the  laws  of  the  United  States,  or  by  the  local  municipal 
law,  to  administer  oaths,  in  the  State,  Territory,  or  district 
where  such  oath  may  be  administered.52 

The  oath  of  office  taken  by  any  person  pursuant  to  the  re- 
quirements of  section  seventeen  hundred  and  fifty-six,  or  of 
section  seventeen  hundred  and  fifty-seven,  shall  be  delivered 
in  by  him  to  be  preserved  among  the  files  of  the  House  of  Con- 
gress, department,  or  court  to  which  the  office  in  respect  to 
which  the  oath  is  made  may  appertain.53 

§  97.  Oaths  to  national  bank  officers. — The  oath  or  affirma- 
tion required  by  section  fifty-two  hundred  and  eleven  of  the 
Revised  Statutes,  verifying  the  returns  made  by  national 
banks  to  the  Comptroller  of  the  Currency,  when  taken  before 
a  notary  public  properly  authorized  and  commissioned  by  the 
State  in  which  such  notary  resides  and  the  bank  is  located, 
or  any  other  officer  having  an  official  seal,  authorized  in  such 
State  to  administer  oaths,  shall  be  a  sufficient  verification  as 
contemplated  by  said  section  fifty-two  hundred  and  eleven; 

Provided,  That  the  officer  administering  the  oath  is  not  an 
officer  of  the  bank.54 

§  98.  Oaths  required  of  all  witnesses. — It  is  an  established 
rule  that  all  witnesses  who  are  examined  upon  a  trial,  civil 
or  criminal,  must  give  their  evidence  under  the  sanction  of 
an  oath,  or  some  affirmation  substituted  in  lieu  thereof.  If 
any  person  called  as  a  witness  refuses  or  is  unwilling  to  be 
sworn  from  alleged  conscientious  motives,  he  will  be  allowed 

si  U.    S.    R.    S.    1878,    sees.    1757,  53  ibid. 

1758,  1759.  54  u.  S.  R.  S.  Sup.  V.  1,  p.  318. 

52  Ibid. 


AFFIDAVITS,   OATHS   AND   AFFIRMATIONS.  55 

to  make  solemn  religious  affirmation,  involving  like  appeal 
to  God  in  the  truth  of  his  testimony,  in  mode  which  he  shall 
declare  to  be  binding  on  his  conscience.  All  witnesses  are  to 
be  sworn  according  to  the  peculiar  ceremonies  of  their  reli- 
gion, or  in  such  manner  as  they  may  deem  binding  on  their 
own  consciences;  and  if  the  witness  be  not  of  the  Christian 
religion,  the  court  will  inquire  as  to  the  form  in  which  an 
oath  is  administered  in  his  own  country  or  among  those  of  his 
own  faith,  and  will  impose  it  in  that  form.55 

§  99.  Oaths  of  inferior  officers. — The  Constitution  ex- 
pressly leaves  it  in  the  discretion  of  the  legislature  to  exempt 
"inferior  officers"  from  taking  the  prescribed  oath  of  office. 
Township  treasurers,  school  trustees,  treasurers  and  direc- 
tors, are  inferior  officers.56 

§  100.  Oaths,  perjured ;  U.  S.  statutes  quoted. — Every  per- 
son who,  after  taking  an  oath  before  a  competent  tribunal, 
officer,  or  person,  in  any  case  in  which  a  law  of  the  United 
States  authorizes  an  oath  to  be  administered,  that  he  will 
testify,  declare,  depose,  or  certify  truly,  or  that  any  written 
testimony,  declaration,  deposition,  or  certificate  by  him  sub- 
scribed is  true,  willfully  and  contrary  to  such  oath  states  or 
subscribes  any  material  matter  which  he  does  not  believe  to 
be  true,  is  guilty  of  perjury,  and  shall  be  punished  by  a  fine 
of  not  more  than  two  thousand  dollars,  and  by  imprison- 
ment, at  hard  labor,  not  more  than  five  years;  and  shall, 
moreover,  thereafter  be  incapable  of  giving  testimony  in  any 
court  of  the  United  States  until  such  time  as  the  judgment 
against  him  is  reversed.57  Every  person  who  procures  an- 
other to  commit  any  perjury  is  guilty  of  subornation  of  per- 
jury, and  punishable  as  in  the  preceding  section  prescribed.5* 
The  officer  who  administers  an  oath  must  have  legal  authority 
or  the  person  taking  it  before  him,  however  false,  cannot  be 
convicted  of  perjury.59 

55  Bradners  Ev.  2nd  ed.  p.  134.  ss  ibid. 

ss  School  Directors  v.  People,  79  ss  Van  Dnsen  v.  People,  78  HI. 
111.  511.  G45. 

67  U.  S.  Rev.  Stat.  sees.  5392  and 
5393. 


56  NOTARIES  PUBLIC. 


STATUTORY    REQUIREMENTS. 

§  101.  Alabama— AFFIDAVITS  without  the  State  may  be  taken  by 
commissioner,  judge  or  clerk  of  a  federal  court,  judge  of  any  court  of 
record,  or  notary  public,  under  their  hands  and  official  seal.  OATHS 
WITHOUT  THE  STATE  may  be  taken  by  notaries  and  officers  author- 
ized to  take  acknowledgments. 

§  102.  Alaska — Affidavits  may  be  taken  by  every  court,  judge,  clerk 
of  a  court,  commissioner,  justice  of  the  peace,  and  notary.  The  usual 
form  is  used  unless  the  officer  has  a  more  solemn  or  obligatory  form  or 
witness  may  be  sworn  according  to  his  peculiar  religious  ceremony. 
Witness  may  affirm. 

§  103.  Arizona — AFFIDAVIT  may  be  taken  in  this  State  by — clerk 
of  the  District  Court  or  notary,  within  their  counties.  Out  of  the  State 
by  any  clerk  of  a  court  of  record  having  a  seal,  any  notary,  or  any 
commissioner  of  deeds  appointed  under  the  laws  of  this  State.  Out  of 
the  United  States  by  a  notary,  minister,  commissioner,  charge  d'affaires 
of  the  United  States,  resident  in  and  accredited  to  the  country,  consul- 
general,  consul,  vice-consul,  commercial  agent,  deputy  consul,  consular 
agent  of  the  United  States  resident  in  the  country. 

§  104.  Arkansas— AFFIDAVITS  taken  in  this  State  by— a  judge  of 
the  court,  justice  of  the  peace,  notary  or  clerk  of  the  court.  Out  of  this 
State  by  a  commissioner  appointed  by  the  Governor  of  this  State  to  take 
depositions,  before  a  judge  of  court,  mayor,  justice  of  the  peace,  notary, 
whose  certificate  shall  be  proof  of  the  time  and  manner  of  its  being 
made. 

§  105.  California— AFFIDAVITS  may  be  taken  in  the  State  or  out- 
side by  those  authorized  to  take  acknowledgments.  OATHS — Form  may 
be  varied  to  suit  the  witness'  religious  belief. 

§  106.  Colorado— AFFIDAVITS,  taken  in  the  State,  by  judges, 
county  clerks,  justices  and  clerks  of  court,  justices  of  the  peace,  notaries, 
within  their  district.  Out  of  the  State,  by — a  notary,  clerk  of  a  court 
of  record,  under  their  official  seals,  commissioners  of  deeds. 

§  107.  Connecticut— AFFIDAVITS  AND  OATHS— Taken  by— Clerk 
of  the  Senate,  clerks  of  the  House  of  Representatives,  chairman  of 
committees  of  the  General  Assembly,  or  its  branches,  during  session, 
the  Governor,  commissioner  of  school  fund,  judges  and  clerks  of  any 
court,  justices  of  the  peace,  commissioners  of  the  Superior  Court,  county 
commissioners,  notaries,  town  clerks,  commissioners  to  take  acknowl- 
edgments appointed  by  the  Governor,  commissioners  of  other  States  in 
it,  also  register  of  births  when  noting  same.  County  Superior  Court 
clerk  will  certify  to  the  notaries'  certificate.  Party  may  affirm  if  ob- 
jecting to  oath,  using  the  words,  "Solemnly  and  sincerely  affirm  and 
declare,"  and  instead  of  "So  help  you  God,"  the  words  "Upon  the 
pains  and  penalties  of  perjury,"  shall  be  used. 

§108.  Delaware— AFFIDAVITS  AND  OATHS— Taken  by— The 
chancellor,    any   judge,    notary    public,    justice    of    the    peace.      Persons 


AFFIDAVITS,    OATHS   AND    AFFIRMATIONS.  57 

residing  outside  the  State  may  make  oath  or  affidavits  for  use  in  this 
State  before  the  same  officers  authorized  by  this  State  to  take  acknowl- 
edgments or  to  probate  accounts.  Usual  form.  Swearing  upon  the  holy 
evangels  of  Almighty  God,  by  laying  the  right  hand  upon  the  book  and 
kissing  it,  or  with  the  uplifted  hand  and  swearing  by  the  everliving 
God,  the  searcher  of  all  hearts,  that,  etc.,  as  I  shall  answer  to  God  at 
the  great  day.     Anyone  opposed  to  swearing  may  affirm. 

§109.  District  of  Columbia— AFFIDAVITS  AND  OATHS  may  be 
administered  by  a  chancellor,  any  judge,  justice  of  the  peace,  or  notary 
public. 

§  110.  Florida — OATHS  can  be  administered  in  this  State  by — judges 
and  clerks  of  the  Supreme  and  Circuit  Courts,  judges  of  probate,  justices 
of  the  peace,  and  notaries  public.  In  other  States — any  judge  or  clerk  of 
a  Supreme,  Circuit  or  Chancery  Court,  or  a  notary  public,  or  commis- 
sioner of  deeds.  In  foreign  countries — any  judge  of  a  court  of  last 
resort,  a  notary  public,  a  minister,  consul-general,  charge  d'affaires, 
or  consul  of  the  United  States  resident  in  that  country.  All  to  be  au- 
thenticated by  their  signature  and  official  seal.  An  affirmation  may 
be  substituted  for  an  oath.  False  affidavit  to  defraud  insurer — Any 
master  or  officer  of  a  ship  making  or  causing  to  be  made  a  false  affidavit 
or  protest,  or  if  any  owner  or  other  person  concerned  in  such  ship, 
vessel  or  goods  procures  a  false  affidavit  or  protest,  he  shall  be  im- 
prisoned not  exceeding  ten  years  or  by  fine  not  exceeding  $5,000. 

§  111.  Georgia — AFFIDAVIT — May  be  taken  by  any  notary  public, 
justice  of  the  peace,  judge  of  a  court  of  law,  or  chancellor,  commis- 
sioner, or  master  of  any  court  of  equity  of  the  State  or  county  where 
the  oath  is  made,  or  officer  of  such  State  or  county  authorized  by  the 
laws  thereof  to  administer  oaths.  The  official  attestation  of  the  officer 
shall  be  prima  facie  evidence  of  his  official  character  and  that  he  was 
so  authorized.  An  affidavit  made  before  any  commissioner  of  this 
State,  or  any  commissioner,  or  master,  or  chancellor  of  a  court  of 
equity,  or  judge  of  any  court  of  the  State  where  made,  authorized  to 
administer  an  oath,  shall  be  sufficient  verification. 

§  112.  Hawaiian  Islands— AFFIDAVITS  AND  OATHS  may  be  taken 
by  courts,  judges,  or  their  clerks,  notaries,  commissioners.  Affiants 
may  affirm  according  to  their  religion. 

§113.  Idaho— AFFIDAVITS— In  the  State  may  be  taken  before  a 
judge  or  clerk  of  any  court,  justice  of  the  peace,  or  notary  public.  Out 
of  the  State,  to  be  used  therein,  before  the  judge  or  clerk  of  a  court 
of  record,  or  any  notary.  In  a  foreign  country — An  ambassador,  minis- 
ter, consul  or  consular  agent  of  the  United  States,  or  a  court  of  record 
having  a  seal.  A  judge  or  court  outside  this  State  must  have  their 
certificate  authenticated  by  the  clerk  of  the  court. 

§114.  Illinois— WHO  MAY  ADMINISTER  IN  THE  STATE— All 
courts,  each  judge,  justice,  master  in  chancery,  and  clerk  thereof,  and 
all  justices  of  the  peace,  police  magistrates  and  notaries  public,  Secre- 
tary  of   State,   in   their    districts,    counties    or   jurisdictions.     OUT   OF 


58  NOTARIES  PUBLIC. 

STATE — May  be  administered  by  any  officer  authorized  by  the  laws 
of  the  State  in  which  it  is  so  administered,  and  if  such  officer  have  a 
seal,  his  certificate  under  his  official  seal  shall  be  received  as  prima 
facie  evidence  without  further  proof  of  his  authority  to  administer 
oaths.  FORM  OF  OATH — The  person  swearing  shall,  with  his  hand 
uplifted,  swear  by  the  ever-living  God,  and  shall  not  be  compelled  to 
lay  the  hand  on  or  kiss  the  gospels.  Party  may  affirm  in  the  follow- 
ing form:  You  do  solemnly,  sincerely  and  truly  declare  and  affirm. 
Any  person  who  shall  so  swear  or  affirm  wilfully  and  falsely,  in  matter 
material  to  any  issue  or  point  in  question,  are  subject  to  the  like  pains 
and  penalties  as  are  inflicted  by  law  on  persons  convicted  of  wilful 
and  corrupt  perjury. 

§115.  Indiana— WHO  MAY  ADMINISTER  AFFIDAVITS  AND 
OATH — Justices,  judges,  notaries,  mayors,  clerks  of  court,  master  com- 
missioners, each  in  their  own  county  or  jurisdiction.  Affidavits  taken 
in  another  State  to  be  certified  to  by  the  clerk  of  the  Circuit,  District 
or  Common  Pleas  County  Court,  where  the  officer  taking  has  jurisdic- 
tion, clerk's  certificate  to  state  under  his  hand  and  court  seal  that 
the  officer  taking  is  by  the  laws  of  said  State  duly  empowered  to  ad- 
minister oaths,  affirmations  and  take  affidavits.  FALSELY  ATTESTING 
— A  notary  public  or  other  officer  authorized  to  administer  oaths  who 
certifies  that  any  person  was  sworn  or  affirmed  before  him  to  any 
affidavit  or  other  instrument  of  writing  when  in  fact  such  person  was 
not  so  sworn  or  affirmed,  shall  be  imprisoned  in  the  State  prison  not 
more  than  three  years  nor  less  than  one  year,  and  fined  not  more  than 
one  thousand  dollars  nor  less  than  ten  dollars.  Same  with  acknowledg- 
ments, etc.,  they  shall  be  imprisoned  in  the  State  prison  from  one  to  three 
years  and  fined  from  ten  to  one  thousand  dollars.  Officer  to  explain 
the  contents  of  the  instrument  to  the  party  executing  it  before  certifying 
to  the  acknowledgment  under  penalty  of  a  fine  of  from  five  to  five  hun- 
dred dollars  and  imprisonment  of  from  ten  days  to  six  months. 

§116.  Indian  Territory— AFFIDAVITS— Who  can  take  in  the 
Territory — Every  court  or  its  clerk,  a  judge,  master,  commissioner, 
justices  of  the  peace,  notaries  and  arbitrators.  OUT  OF  THE  TERRI- 
TORY— A  commissioner  of  deeds,  judge  of  a  court,  mayor  of  a  city, 
notary,  justice  of  the  peace,  same  to  be  subscribed  to  by  the  affiant  with 
separate  certificate  by  the  officer.  FORM  of  taking  oaths — By  raising 
the  right  hand  and  kissing  the  gospels  or  by  solemnly  swearing,  party 
may  affirm,  "You  do  solemnly  and  truly  declare  and  affirm,"  or  any 
peculiar  form  most  solemn  and  obligatory  in  the  opinion  of  the  officer 
administering. 

§  117.  Iowa— AFFIDAVIT  may  be  made  within  or  without"  this  State 
before  any  person  authorized  to  administer  oaths.  Out  of  the  State 
— A  judge  or  clerk  of  a  court  of  record,  a  notary,  or  a  commissioner 
of  deeds  appointed  by  the  Governor  of  this  State,  are  credible.  A  per- 
son desirous  of  obtaining  the  affidavit  of  another  who  is  not  willing 
to  make  it  may  apply  to  an  officer  competent  to  take  depositions, 
and  if  the  officer  is  satisfied  that  the  object  is  legal  and  proper  he  shall 


AFFIDAVITS,    OATHS    AND    AFFIRMATIONS.  59 

issue  a  subpoena  to  bring  the  witness  before  him,  and  if  he  fails  to 
make  a  full  affidavit  within  his  knowledge  as  required,  the  officer  may 
take  his  deposition  by  question  and  answer  in  writing,  which  may 
be  used  instead  of  the  affidavit.  NOTICE — The  officer  may  require 
notice  to  be  given  to  any  party  interested  and  allow  him  to  be  present 
to  cross-examine  the  witness.  OATHS— WHO  AUTHORIZED  TO 
TAKE — Judges  of  the  Supreme  Court,  judges  of  the  District  and  Circuit 
Courts,  clerks  and  deputy  clerks  of  the  same  courts,  county  auditors 
and  deputies,  sheriffs  and  deputies  where  authorized  by  law  to  select 
commissioners  and  appraisers,  or  impanel  jurors  for  the  view  of  ap- 
praisement of  property,  or  are  directed  as  an  official  duty  to  have  prop- 
erty apprasied  or  take  the  answers  of  garnnishees,  justices  of  the  peace 
and  notaries  within  each  of  their  counties,  the  Governor,  Secretary, 
Auditor  and  Treasurer  of  State,  when  pertaining  to  their  official  duties. 
Affirmation  can  be  made  when  person  is  opposed  to  swearing. 

§  118.  Kansas— AFFIDAVITS  AND  OATHS— Administered  by  jus- 
tices of  the  peace  in  their  counties,  notaries  public,  judges  of  courts  in 
their  jurisdictions,  mayors  of  cities  and  towns,  clerks  of  courts  of 
record,  county  clerks  and  registers  of  deeds.  HOW  ADMINISTERED 
— By  laying  the  right  hand  on  the  Holy  Bible,  or  by  the  uplifted  hand. 
FORM — You  do  solemnly  swear,  etc.  So  help  you  God.  Or,  you  do 
solemnly,  sincerely  and  truly  declare  and  affirm,  etc.,  and  this  you  do 
under  the  pains  and  penalties  of  perjury.  FALSIFYING  subjects  the 
party  to  the  pains  and  penalties  of  perjury.  AN  AFFIRMATION  can 
be  taken  where  the  party  is  conscientiously  opposed  to  an  oath.  AFFI- 
DAVITS may  be  made  in  and  out  of  the  State  by  any  one  authorized 
to  take  depositions  and  in  the  same  way. 

§  119.  Kentucky— AFFIDAVITS  AND  OATHS  administered  by  no- 
taries must  be  signed  and  officially  sealed  and  show  date  of  expiration 
of  their  commission.  OATHS  include  affirmations.  The  official  oath  of 
any  officer  may  be  administered  by  any  judge,  notary,  clerk  of  court, 
or  justice  of  the  peace,  within  his  district  or  county.  Out  of  the  State 
— Judge  of  a  court,  justice  of  the  peace,  notary,  and  mayor  of  a  city. 

§  120.  Louisiana— AFFIDAVITS  AND  OATHS  may  be  taken  in  the 
State  by  judges,  justices  of  the  peace,  clerks  of  courts  and  notaries.  Out 
of  the  State,  for  use  in  the  State,  a  Louisiana  commissioner  or  any 
one  authorized  by  the  laws  of  the  State  where  taken  to  administer 
oaths.  If  other  than  a  Louisiana  commissioner  authority  must  be  cer- 
tified by  a  Louisiana  commissioner. 

§121.  Maine— AFFIDAVITS,  OATHS  and  affirmations,  taken  by 
a  notary  when  authorized  by  his  State  or  country,  a  commissioner  of 
deeds  for  this  State,  under  their  signature  and  official  seal.  FORM — 
Swear  or  affirm  under  the  pains  and  penalties  of  perjury. 

§  122.  Maryland— AFFIDAVITS  AND  OATHS  taken  in  this  State- 
When  suit  is  brought  on  a  bond,  deed,  note,  or  other  instrument  in 
writing,  oath  to  must  be  made  before  a  judge  or  justice  of  this  State, 
or  a  commissioner  of  this  State,  or  a  judge  or  justice  of  another  State 


60  NOTARIES  PUBLIC. 

or  country,  whose  authority  must  appear  and  be  certified  by  clerks  of 
courts.  Out  of  the  State,  before  a  Maryland  commissioner,  a  judge  of 
a  court  of  record,  a  notary  who  must  authenticate  with  his  seal.  MORT- 
GAGES TO  BE  VALID,  except  as  between  the  parties,  must  have  en- 
dorsed thereon  an  oath  or  affirmation  of  the  mortgagee  that  the  con- 
sideration in  said  mortgage  is  true  and  bona  fide  as  set  forth,  and  an 
additional  oath,  that  the  mortgagee  has  not  required  the  mortgagor,  his 
agent  or  attorney,  or  any  person  for  the  said  mortgagor,  to  pay  the 
tax  levied  upon  the  interest  covenanted  to  be  paid  in  advance,  nor  will 
he  require  any  tax  levied  thereon  to  be  paid  by  the  mortgagor  or  any 
person  for  him  during  the  existence  of  this  mortgage.  It  may  be  made 
any  time  before  recording.  The  affidavit  may  be  made  by  one  of  several 
mortgagees.  It  may  be  made  by  any  agent,  signing  as  agent,  or  by  an 
officer  of  a  corporation,  or  the  executor  of  the  mortgagee. 

§  123.  Massachusetts — AFFIDAVITS  and  oaths  and  affirmations 
made  in  the  State  before  a  justice  of  the  peace  or  notary.  Out  of  the 
State,  a  Massachusetts  commissioner  or  a  notary.  Certification  not  re- 
quired. 

§  124.  Michigan— AFFIDAVITS  AND  OATHS  may  be  taken  before 
any  justice,  judge  or  clerk  of  a  court  of  record,  Circuit  Court,  com- 
missioner, notary,  justice  of  the  peace,  register,  or  master  in  chancery, 
or  commissioner  appointed  by  the  court.  MODE  of,  by  holding  up  the 
right  hand,  unless  the  party  can  show  a  more  solemn  form.  No  wit- 
ness incompetent  on  account  of  his  religious  views.     Parties  may  affirm. 

§  125.  Minnesota— AFFIDAVITS  AND  OATHS  taken  by  judges  of 
the  Supreme,  District  and  Probate  Courts  of  this  State,  judge  of  the 
Court  of  Common  Pleas  of  Ramsey  County,  the  clerks  of  said  courts, 
county  commissioners,  registers  of  deeds,  justices  of  the  peace,  within 
their  jurisdictions,  all  legislative  committees,  commissioners,  referees, 
and  committees  appointed  by  any  of  said  courts  for  matters  coming 
before  them,  county  auditors  in  their  county  under  their  seal  of  office, 
but  not  their  deputies,  clerks  of  federal  courts,  town  and  city  clerks 
and  village  recorders.  Usual  mode  with  hand  uplifted.  Notaries  can 
take  in  their  county.  Their  certificate  is  prima  facie  evidence  without 
any  other  authentication  either  in  or  outside  of  the  State.  The  word 
"affirm"  may  be  substituted,  and  "under  the  pains  and  penalties  of 
perjury"  instead  of  "so  help  me  God." 

§  126.  Mississippi— AFFIDAVITS  AND  OATHS— By  a  judge  of  a 
court  of  record,  clerk  of  such  court,  master  in  chancery,  member  of 
the  board  of  supervisors,  justice  of  the  peace,  notary  public,  mayor,  or 
police  justice  of  a  city,  town  or  village,  and  any  officer  of  any  State,  or 
of  the  United  States,  authorized  by  law  to  administer.  An  affirmation 
has  the  same  effect. 

§127.  Missouri— AFFIDAVITS  AND  OATHS— Taken  by  every 
court  and  judge,  justice  and  clerk,  justice  of  the  peace,  and  notaries. 
To  be  administered  free  of  charge  in  cities  of  over  100,000  inhabitants, 
by  the  mayor,  comptroller,  auditor,  register,  collector,  recorder  of 
deeds,  recorder  of  voters,  president  of  the  board  of  assessors  and  their 


AFFIDAVITS,    OATHS    AND    AFFIRMATIONS.  61 

deputies  when  in  connection  with  the  business  of  their  offices.  Parties 
may  affirm.  FORM — ' '  You  do  solemnly  declare  and  affirm,  etc.,  under 
the  pains  and  penalties  of  perjury."  The  officer  shall  adopt  the  mode 
most  binding  on  the  conscience  of  persons  to  be  sworn,  according  to  the 
peculiar  ceremonies  of  their  religion. 

§  128.  Montana— AFFIDAVITS  may  be  taken  in  this  State  before 
any  judge  or  clerk  of  any  court,  or  any  justice  of  the  peace,  county 
clerk  of  notary  public.  In  any  other  State  before  a  commissioner 
appointed  by  the  Governor  of  this  State  to  take  affidavits  and  deposi- 
tions in  that  State  or  before  a  notary  public,  any  judge  or  clerk  of  a 
court  of  record  having  a  seal.  In  a  foreign  country  before  an  ambas- 
sador, minister,  consul,  vice-consul,  or  consular  agent  of  the  United 
States,  or  before  any  judge  of  a  court  of  record  having  a  seal.  If  taken 
before  a  judge  of  a  court  in  another  State  or  foreign  country,  the  gen- 
uineness of  the  signature,  existence  of  the  court  and  the  fact  that  such 
judge  is  a  member  thereof  must  be  certified  by  the  clerk  of  the  court 
under  its  seal.  Oaths  may  be  administered  by  any  court,  judge,  or 
court  clerk,  justice,  notary  and  officers  authorized  to  take  testimony. 
Officers  are  authorized  to  employ  interpreters  to  issue  subpoenas  to 
punish  for  contempt. 

§  129.  Nebraska— AFFIDAVITS  AND  OATHS  may  be  administered 
by  judges  of  the  Supreme  and  District  Courts  and  their  clerks  within 
their  districts,  by  probate  judges,  justices  of  the  peace  and  notaries 
public,  within  their  counties.  Party  may  affirm.  May  be  made  in  and 
out  of  this  State  before  any  person  authorized  to  take  depositions  and 
must  be  authenticated  in  the  same  way.  The  officer  shall  certify  that  it 
was  sworn  to  before  him  and  signed  in  his  presence. 

§130.  Nevada— AFFIDAVITS  in  this  State  may  be  taken  before 
any  judge  or  clerk  of  any  court,  or  any  justice  of  the  peace,  or  notary 
public.  In  another  State,  before  a  commissioner  appointed  by  the 
Governor  of  this  State,  any  notary  public,  or  before  a  judge  of  anv 
court  having  a  seal.  In  a  foreign  country,  before  a  United  States 
ambassador,  minister,  or  consul,  or  before  any  judge  of  a  court  of  record 
having  a  seal.  When  taken  before  a  judge  the  clerk  must  certify  to 
the  court's  existence  and  the  judge  as  being  a  member  under  the  court 
seal. 

§131.  New  Hampshire— AFFIDAVITS  AND  OATH— Means  also 
affirmations.  Party  affirming  to  state  "This  I  do  under  the  pains  and 
penalties  of  perjury. ' ' 

§  132.  New  Jersey— AFFIDAVITS,  OATHS,  ETC.— Who  may  take- 
Notaries  public  without  the  use  of  their  seal  of  office,  commissioners  of 
deeds,  the  chancellor  or  any  judge  of  a  court  of  record,  master  in 
chancery,  justice  of  the  peace,  mayor,  recorder  or  alderman  of  a  city 
or  borough,  Supreme  Court  commissioners,  city  clerk,  clerk  or  surrogate 
of  any  county  court  of  record,  or  township  clerks.  In  other  States  and 
countries — Any  notary  public  or  officer  authorized  by  the  State  or 
country,  or  authorized  by  this  State  to  take  acknowledgments,  and  a 
reeital  that  he  is  such  officer  in  the  jurat  under  his  signature  and  seal 


62  NOTARIES  PUBLIC. 

of  office,  provided  other  certificates,  when  required,  be  annexed.  False 
swearing  subjects  to  penalty  for  perjury.  May  affirm  or  declare,  leaving 
off  "So  help  me  God." 

§  133.  New  Mexico— AFFIDAVITS  AND  OATHS— Secretary  of  the 
territory  and  all  commissioned  acting  notaries,  justices  of  the  peace, 
within  the  counties  of  their  commissions  are  empowered  to  administer 
oaths  and  affirmations  where  magistrates  and  other  officers  within  the 
territory  may  do  so.  FORM  PRESCRIBED — The  person  swearing  shall, 
with  his  right  hand  uplifted,  follow  the  words  required,  beginning  "I  do 
solemnly  swear ' '  and  closing  ' '  so  help  me  God. ' '  If  the  party  is  con- 
scientiously opposed  to  swearing  he  may  affirm,  with  the  right  hand 
uplifted,  as  follows,  ' '  You  do  solemnly,  sincerely  and  truly  declare  and 
affirm,"  and  close  with  "and  this  I  do  under  the  pains  and  penalties 
of  perjury." 

§134.  New  York— AFFIDAVITS  AND  OATHS— May  be  taken  in 
The  State  before  a  judge,  clerk,  deputy  clerk,  special  deputy  clerk  of  a 
court,  notary  public,  surrogate,  special  surrogate,  county  clerk,  deputy 
county  clerk,  special  deputy  county  clerk,  commissioner  of  deeds,  within 
their  district,  and  when  certified  by  the  officer,  may  be  used  in  any 
court  or  officer  in  the  State.  Outside  the  State  by — an  officer  authorized 
by  his  State  to  take  acknowledgments,  his  certificate  to  be  accompanied 
by  the  certificate  of  his  authority  by  the  officer  of  his  State  so  author- 
ized. Party  may  affirm  instead  of  swearing,  as  follows:  "You  do  solemnly 
sincerely  and  truly  declare  and  affirm. ' '  Officer  may  use  the  mode  most 
binding  on  the  conscience.  The  witness  must  be  examined  first  as  to 
his  mental  capacity  to  take  oath.  False  swearing  in  any  form  is  per- 
jury. 

§135.  North  Carolina— AFFIDAVITS— Who  may  take— Clerks  of 
the  Supreme  and  Superior  Courts,  notaries  under  their  seals,  justices  of 
the  peace,  judge  or  court  of  the  State.  Clerks  to  certify  and  if  for  out 
of  the  county,  court  seal  is  to  be  attached.  Outside  the  State  notaries 
can  take  verifications  of  pleadings  but  not  ordinary  affidavits.  Affidavits 
cannot  be  used  outside  the  State  unless  certified. 

§  136.  North  Dakota— AFFIDAVITS  AND  OATHS— Who  to  admin- 
ister— Judges  of  the  Supreme,  District  and  County  Courts,  clerks  of 
the  Supreme  and  District  Courts,  county  auditors  and  registers  of 
deeds,  county  commissioners,  justices  of  the  peace,  notaries  within  their 
counties,  city  clerk  and  auditors,  township  clerks  and  village  recorders 
within  their  respective  limits,  sheriffs  and  their  deputies  in  their  coun- 
ties, and  other  officers  in  cases  lawfully  provided  for.  Persons  may 
affirm  when  opposed  to  swearing,  subject  to  penalty  for  perjury.  Any 
person  who  makes  or  administers  an  oath  illegally  is  guilty  of  a  mis- 
demeanor. Anyone  outside  the  State,  authorized  by  his  State,  can  take. 
Cannot  be  taken  by  a  party  in  interest. 

§  137.  Ohio— AFFIDAVIT  may  be  taken  in  or  out  of  the  State 
before  any  person  authorized  to  take  depositions,  and  must  be  signed 
by  the  party  who  makes  it.  Certified  to  by  the  officer  and  signed  by 
him   officially.     FORM — The   most   binding   on   the   person's   conscience. 


AFFIDAVITS,    OATHS    AND    AFFIRMATIONS.  63 

MILITARY — The  colonel,  lieutenant-colonel,  major  or  adjutant  of  any 
regiment  or  battalion  raised  in  this  State  in  the  service  of  the  State 
or  United  States  may  administer  oaths  when  necessary  to  the  men  in 
their  command. 

§  138.  Oklahoma— AFFIDAVITS— May  be  made  in  and  out  of  this 
territory  before  any  person  authorized  to  take  depositions,  and  must 
be  authenticated  in  the  same  way. 

§  139.  Oregon— AFFIDAVITS  AND  OATHS  may  be  administered  by 
every  court,  justice  of  the  peace,  notary  public  and  commissioners  of  deeds. 
If  taken  outside  the  State  must  be  verified.  FORM — Party  raises  his  hand, 
officer  saying,  "You  do  solemnly  swear  that  the  evidence  you  shall  give 

in  the  issue  now  pending  between  and  shall  be  the  truth, 

the  whole  truth,  and  nothing  but  the  truth,  so  help  you  God."  Any 
form  more  solemnly  binding  on  the  witness  may  be  used,  according  to 
his  religious  belief.     He  may  affirm  if  opposed  to  an  oath. 

§  140.  Pennsylvania— AFFIDAVITS,  OATHS  AND  AFFIRMA- 
TIONS— Notaries  can  administer.  Outside  the  State — Commissioners 
or  anyone  authorized  by  his  State.  The  latter  must  be  certified  by  the 
clerk  or  prothonotary  of  the  court  under  his  hand  and  seal.  U.  S.  com- 
missioners. FORM — Laying  the  hand  upon  the  book  and  kissing  it,  or 
by  raising  the  hand  and  repeating  the  usual  words.  False  swearing  is 
perjury,  and  subjects  the  party  to  a  penalty. 

§  141.  Philippine  Islands— WHO  may  administer  oath  for  affidavit 
to  be  used  in  the  islands — Any  judge  or  clerk  of  a  court,  justice  of  the 
peace  or  notary.  If  taken  in  the  United  States  to  be  used  in  islands — 
A  commissioner  appointed  by  the  Chief  Executive  of  the  Philippine 
Islands  to  take,  any  notary  in  the  United  States,  any  judge  or  clerk  of 
a  court  having  a  seal.  In  foreign  countries — An  ambassador,  minister, 
consul,  vice-consul,  consular  agent,  judge  of  a  court  of  record.  Cer- 
tificates taken  in  United  States  or  abroad  before  a  judge  or  a  court  in 
the  United  States  or  in  a  foreign  country,  certified  by  clerk  of  court 
under  seal. 

§  142.    Porto  Rico— No  statute. 

§  143.  Rhode  Island— AFFIDAVITS  AND  OATHS  may  be  adminis- 
tered anywhere  in  the  State  by  the  governor,  lieutenant-governor,  secre- 
tary of  State,  attorney-general,  assistant  attorney-general,  general  treas- 
urer, justices  of  the  Supreme  Court,  Speaker  of  the  House  of  Repre- 
sentatives, commissioners  appointed  by  other  States  to  take  acknowledg- 
ments of  deeds  and  depositions  within  this  State,  notaries  public,  the 
railroad  commissioner,  the  insurance  commissioner,  and  the  commission- 
ers of  shell  fisheries.     AFFIDAVITS — Notaries  can  take. 

§  144.  South  Carolina— AFFIDAVITS  AND  OATHS— Who  may  take 
— In  the  State,  notaries,  trial  justice,  judge  or  clerk  of  court.  Outside 
the  State,  anyone  authorized  to  probate  a  deed. 

§  145.  South  Dakota— AFFIDAVIT  may  be  taken  in  or  out  of  this 
State  by  any  person  authorized  to  administer  oaths,  viz.:  Each  justice 
of  the  Supreme  Court,  clerks  of  the  Supreme  and  District   Courts  and 


(34  NOTARIES  PUBLIC. 

their  deputies,  county  clerks  and  their  deputies,  county  commission- 
ers, judges  of  Probate  Courts,  justices  of  the  peace,  notaries,  com- 
missioners of  deeds  appointed  by  the  Governor  of  this  State.  Each 
within  their  jurisdiction. 

§146.  Tennessee— AFFIDAVITS  AND  OATH— Who  may  take— In 
the  State — any  judge,  justice  of  the  peace,  notary,  or  court  clerk.  Outside 
— a  judge,  justice  of  the  peace,  clerk  of  the  court  to  certify  their  certi- 
cates  under  the  court  seal,  a  Tennessee  commissioner,  a  notary,  under 
their  official  seal.  In  a  foreign  country — by  officers  authorized  to  take 
acknowledgments,  authenticated  by  the  clerk  of  the  court  under  its 
seal.  The  party  may  make  solemn  affirmation  in  the  words  of  the 
oath.  May  be  sworn  according  to  their  religion.  Party  must  lay  his 
hand  upon  the  New  Testament  and  solemnly  swear  upon  the  Holy 
Evangelists  of  Almighty  God  to  speak  the  truth,  the  whole  truth,  and 
nothing  by  the  truth,  and  kiss  the  book  in  confirmation.  Party  may 
be  sworn  with  the  right  hand  uplifted,  to-wit:  I  (or  you)  do  solemnly 
appeal  to  God  as  a  witness  of  the  truth,  and  avenger  of  falsehood,  as  I 
shall  answer  for  the  same  at  the  great  day  of  judgment,  when  the 
secrets  of  all  hearts  shall  be  known  that,  etc.  (as  case  may  be). 

§  147.  Texas— AFFIDAVITS  AND  OATHS— Who  may  take  in 
this  State — Any  judge  or  clerk  of  a  court  of  record,  justice  of  the  peace, 
or  notary  public.  Any  other  officers  authorized  by  law.  Affidavits  may 
be  made  in  other  States  before — any  clerk  of  a  court  of  record  having 
a  seal,  any  notary  or  commissioner  of  deeds  appointed  under  the  laws 
of  this  State.  May  be  made  by  an  agent  or  attorney  at  the  commence- 
ment or  during  a  suit.  Must  be  in  writing,  signed  by  the  party  making 
it.  If  in  foreign  countries  before — any  notary,  any  United  States 
minister,  commissioner  or  charge  d'affaires,  any  consul  general,  consul, 
vice-consul,  commercial  agent,  vice-commercial  agent,  deputy  or  consular 
agent  of  the  United  States  resident  in  such  country,  or  any  other  officers 
authorized  by  law.  In  the  mode  most  binding  on  the  individual  taking, 
subject  to  the  pains  and  penalties  of  perjury. 

§  148.  Utah— AFFIDAVITS— In  this  State  may  be  taken  before— 
any  judge  or  clerk  of  any  court,  or  any  justice  of  the  peace,  or  notary 
public.  In  another  State  before — a  commissioner  appointed  by  the 
Governor  of  this  State  in  that  State,  or  a  notary,  or  any  judge  or  clerk 
of  a  court  of  record  having  a  seal.  In  a  foreign  country  before — an 
ambassador,  minister,  consul,  vice-consul,  or  consular  agent  of  the  United 
States,  or  any  judge  of  a  court  of  record  having  a  seal.  If  taken  before 
a  judge  of  another  State  or  foreign  country,  the  genuineness  of  the 
signature  of  the  judge,  the  existence  of  the  court  and  the  fact  that 
such  judge  is  a  member  thereof,  must  be  certified  by  the  clerk  of  the 
court  under  seal  thereof.  OATHS — Who  may  take — Every  court,  judge 
or  clerk  or  deputy  clerk  of  court,  justice,  or  notary,  Secretary  of  State, 
and  every  officer  or  person  authorized  to  take  testimony  in  any  action, 
or  to  decide  upon  evidence  in  their  own  counties. 

§  149.  Vermont— AFFIDAVITS  AND  OATHS— May  be  administered 
by  county  clerks,  justices  of  the  peace,  judges  and  registers  of  probate, 


AFFIDAVITS,   OATHS    AND   AFFIRMATIONS.  65 

notaries  and  masters  in  chancery,  unless  otherwise  provided  by  law.  A 
notary  need  not  affix  his  official  seal  to  his  certificate.  County  clerks 
may  theirs  under  the  seal  of  the  court.  Town  clerks,  where  the  instru- 
ment is  to  be  used  in  their  office.  Party  may  affirm.  Where  no  other 
provision  is  made  by  law,  oaths  of  office  may  be  made  by  any  judge, 
justice,  notary  public,  master  in  chancery,  or  the  presiding  officer,  secre- 
tary or  clerk  of  either  house  of  the  General  Assembly,  clerks  and  registers 
of  courts,  committees  of  the  General  Assembly,  referees,  auditors,  com- 
missioners, special  masters  and  committees  appointed  by  a  court  of 
law  or  chancery  may  administer  oaths  necessary  in  matters  coming 
before  them. 

§  150.  Virginia— AFFIDAVITS  AND  OATHS  may  be  administered 
by  a  justice  and  certified  by  him  unless  otherwise  provided,  or  by  a 
notary,  a  commissioner  in  chancery,  a  commissioner  appointed  by  the 
Governor,  a  court,  or  clerk  of  a  court;  or,  in  case  of  a  survey  directed 
by  a  court,  by  or  before  the  surveyor.  May  be  made  before  any  officer 
of  another  State  or  country  so  authorized,  and  shall  be  deemed  duly 
authenticated  if  subscribed  by  such  officer,  and  there  be  annexed  a 
certificate  of  the  clerk  or  other  officer  of  a  court  of  record  of  such  State 
or  country  under  an  official  seal  verifying  the  genuineness  of  the  signa- 
ture of  the  officer  and  his  authority.  A  certificate  of  the  person 
administering  shall  be  given  so  it  may  be  recorded.    Parties  may  affirm. 

§  151.  Washington— AFFIDAVITS,  OATHS  AND  AFFIRMATIONS 
— Who  may  take — Every  court,  judge,  clerk  of  a  court,  justice  of  the 
peace,  or  notary  public.  FORM — Party  raising  the  right  hand,  officer 
saying,  "You  do  solemnly  swear  that  the  evidence  you  shall  give  in  the 

issue  (or  matter)  now  pending  between  and  shall  be  the 

truth,  the  whole  truth,  and  nothing  but  the  truth,  so  help  you  God." 
If  other  than  a  witness,  "You  do  solemnly  swear  you  will  true  answers 
make  to  such  questions  as  you  may  be  asked."  Officer  may  adopt  the 
peculiar  mode  of  witness  if  more  effectual  and  binding.  Party  may  be 
sworn  according  to  the  peculiar  ceremony  of  his  religion.  Party  may 
affirm  if  opposed  to  oath. 

§  152.  West  Virginia— AFFIDAVITS  AND  OATHS  may  be  taken 
by  a  justice  of  the  peace  in  his  county,  a  county  commissioner,  notary, 
a  commissioner  appointed  by  the  Governor,  a  court  or  its  clerk,  a  sur- 
veyor appointed  by  the  court,  any  officer  of  another  State  so  authorized, 
subscribed  to  by  him  and  the  certificate  annexed  under  the  official  court 
seal,  verifying  the  genuineness  of  the  signature  and  his  authority.  Any 
judge  of  this  State  may  take.  An  affidavit  stating  that  the  witness 
or  party  resides  out  of  the  State  or  is  out  of  it,  shall  be  prima  facie 
evidence  of  the  fact,  same  with  publisher's  affidavit  as  to  publication. 
Affirmation  is  equivalent  to  an  oath.  Oaths  administered  shall  be  cer- 
tified to  by  the  officer.  The  certificate  of  the  oath  of  a  notary  and  all 
other  county,  district  and  municipal  officers  shall  be  delivered  to  and 
recorded  by  the  clerk  of  the  County  Court  or  the  clerk  of  the  court 
exercising  its  judicial  powers,  unless  taken  in  open  court. 
5 


66  NOTARIES  PUBLIC. 

§153.  Wisconsin— AFFIDAVIT,  OATH  AND  AFFIRMATION— 
AVho  may  administer  besides  those  to  jurors  and  witnesses  on  trial,  viz.: 
Any  judge,  court  commissioner,  clerk  of  a  court  of  record,  notary,  town 
clerk,  justice,  city  or  county  clerk,  within  their  jurisdiction,  also  com- 
mittee authorized  to  examine  witnesses,  police  justices.  FORM — Any 
usual  one,  or  according  to  the  peculiar  mode  of  the  witness  religious 
views.     Party  may  affirm. 

§  154.  Wyoming— AFFIDAVITS  AND  OATHS  may  be  administered 
by  the  chief  justice  and  justices  of  the  Supreme  Court,  the  judges  of 
the  District  Courts,  the  judge  of  the  Circuit  Court  of  the  United  States, 
including  the  State  of  Wyoming,  the  judge  of  the  District  Court  of  the 
United  States  for  the  District  of  Wyoming,  the  clerks  of  the  Supreme 
and  District  Courts  of  this  State,  and  the  clerks  of  the  Circuit  and 
District  Courts  of  the  United  States  for  Wyoming,  and  their  deputies, 
court  commissioners  appointed  by  or  under  the  authority  of  the  laws 
of  the  United  States  or  the  laws  of  this  State,  county  clerks  and  their 
deputies,  clerks  of  any  city,  town  or  village,  county  commissioners, 
county  superintendents  of  schools,  justices  of  the  peace  and  notaries 
within  their  respective  counties.  Parties  may  be  sworn  in  any  form 
they  deem  binding  on  their  conscience.  AFFIDAVITS  may  be  made  in 
or  out  of  this  State  before  any  person  authorized  to  take  depositions 
and  must  be  authenticated  in  the  same  way.  Parties  may  affirm,  subject 
to  the  pains  and  penalties  of  perjury.  FORM — With  the  right  hand 
uplifted  swear,  concluding  with  "So  help  me  God." 

§  155.  Canada — AFFIDAVITS  AND  OATHS— Notaries  and  com- 
missioners of  deeds  can  take  under  official  seal.    An  affirmation  answers. 


CHAPTER  III. 

CONVEYANCES  AND  ACKNOWLEDGMENTS. 

§  156.  A  conveyance  is  the  transfer  of  the  title  of  land  by 
one  or  more  persons  to  another  or  others.  Not  only  natural 
persons,  but  corporations.  The  instrument  which  conveys 
the  property  is  also  called  a  conveyance.  The  conveyance 
may  be  by  deed,  record  or  by  devise.1 

Every  deed,  mortgage  or  other  conveyance  in  writing,  not 
procured  by  duress,  and  signed  and  sealed  by  the  party  mak- 
ing the  same,  the  maker  or  makers  being  of  full  age,  sound 
mind,  and  discovert,  shall  be  sufficient,  without  livery  of 
seizin,  for  the  giving,  granting,  selling,  mortgaging,  leasing 
or  otherwise  conveying  or  transferring  any  lands,  tenements 
or  hereditaments  in  (the)  State,  so  as,  to  all  intents  and 
purposes,  absolutely  and  fully  vest  in  every  donee,  grantee, 
bargainee,  mortgagee,  lessee  or  purchaser,  all  such  estate  or 
estates  as  shall  be  specified  in  any  such  deed,  mortgage,  lease 
or  other  conveyance.2 

§  157.  Fraudulent  conveyances. — Conveyances  intended  to 
defeat  creditors  or  others  are  fraudulent  and  void  and  may 
be  attacked  in  a  court  of  equity.3 

To  impeach  a  conveyance  as  fraudulent,  the  intention  of 
both  the  grantor  and  grantee  must  be  proven  such.4  A  con- 
veyance by  husband  to  his  wife  when  his  liabilities  begin  to 
jeopardize  his  future,  should  always  be  regarded  with  watch- 
ful suspicion.5 


iBouvier's  Institutes,   sees.   2000,  4Ball  v.  Callahan  &  Son,  95  111. 

2002;  Hutchinson  v.  Bramhall,  42  N.  App.  615. 

J.  Eq.  384.  s  Hank  v.  Van  Ingen,  97  111.  App. 

2  Starr   &   Curtis   Anno.   111.   Stat-  642;  Hughes  v.  Noyes,  171  111.  575; 
utes,  p.  910,  1896  ed.  Township  of  Maple  Valley  v.  Foley, 

3  Kent's  Com.  V.   2,  440;   Strauss  113  Mich.  622. 
v.     Abrahams,    32    Fed.    Rep.    310; 

Bridges  v.  Eggleston,  14  Mass.  250. 

67 


68  NOTAEIES  PUBLIC. 

§  158.  Voluntary  conveyance  is  the  transfer  of  an  estate 
without  any  adequate  consideration  of  value.  The  presump- 
tion of  fraud  naturally  arises.6 

§  159.  A  contract  is  a  promise  from  a  person  or  persons 
to  another  or  others  actual  or  implied  in  law,  to  do  or  to 
refrain  from  doing  some  lawful  thing,  such  promise  being 
under  seal  or  reduced  to  a  judicial  record,  or  accompanied 
by  a  valid  consideration,  or  executed,  and  not  in  a  form  for- 
bidden or  declared  inadequate  by  the  law.7  There  must  be  a 
sufficient  consideration  and  the  parties  must  agree ;  they  must 
also  be  of  legal  capacity  to  make  a  contract.8 

It  is  an  agreement  between  two  or  more  persons  legally 
qualified,  expressed  or  implied,  to  do  or  not  to  do  a  reason- 
able thing.  There  must  be  a  consideration  and  the  minds  of 
the  parties  must  meet.  It  should  be  in  writing,  signed  and 
sealed  by  the  parties. 

There  should  always  be  a  written  contract  in  the  sale  of 
land  and  everything  should  be  clearly  and  distinctly  stated. 
It  prevents  the  arising  of  questions  of  verbal  instructions 
which  are  not  admissible  in  evidence.  Parol  evidence  is  inad- 
missible to  vary  a  contract  in  writing.9 

§  160.  An  agent  may  be  given  authority  to  enter  into  a 
contract  for  the  sale  or  purchase  of  land  either  in  writing 
or  verbally.  His  contracts  should  be  signed  in  the  name  of 
his  principal,  "per,"  his  own  name.  He  should  be  careful 
not  to  exceed  his  authority. 

§  161.  The  Statute  of  Frauds  and  Perjuries,  passed  in  Eng- 
land in  1676,  and  reenacted  by  most  of  the  United  States, 
for  the  prevention  of  frauds,  required  in  many  cases  written 
evidence  of  a  contract.  It  provides  that  no  action  shall  be 
brought  to  charge  any  person  upon  any  contract  or  sale  of 
lands,  tenements  or  hereditaments  or  any  interest  in  or  con- 
cerning them,  unless  the  agreement  upon  which  such  action 
shall  be  brought  or  some  memorandum  or  note  thereof,  shall 
be  in  writing  and  signed  by  the  party  to  be  charged  there- 


®Bouvier;  Lucas  v.  Lucas,  103  111.  8Bouvier's  Inst.  sec.  1633;  Anson 

12.  on  Contracts. 

7  Kinney 's  Law  Diet  'y.  9  Mead    v.    Dunlevie,    174    N.    Y. 

App.  108. 


CONVEYANCES  AND  ACKNOWLEDGMENTS.  69 

with,  or  some  other  person  thereunto  by  him  lawfully  au- 
thorized.9*1 

§  162.  A  deed  is  the  carrying  out  of  some  pre-existing  in- 
tention of  the  parties  thereto  in  the  nature  of  a  contract,  and 
must  contain  every  agreement  between  the  parties. 

§  163.  A  deed  is  an  instrument  under  seal,  written  or 
printed,  containing  some  contract  or  agreement,  and  which 
has  been  delivered  by  the  parties.10 

The  requisites  of  a  deed  are  that  there  be  sufficient  parties, 
that  it  be  in  writing  or  printing,  on  paper  or  parchment ;  that 
there  be  a  consideration ;  that  sufficient  words  be  used ;  that 
it  be  read  when  required;  that  it  be  signed  and  sealed;  that 
it  be  witnessed;  that  it  be  delivered,  acknowledged  and  re- 
corded.11 

Parties  to  a  deed  are:  The  grantor,  who  makes  the  deed; 
the  grantee,  to  whom  it  is  made.  Care  should  be  had  as  to 
the  names  and  surnames  of  the  parties. 

A  consideration  is  of  little  consequence  as  between  the 
parties,  one  dollar  is  accounted  sufficient;  but  when  creditors 
are  affected  it  becomes  necessary  to  inquire  into  it.  It  may 
be  founded  on  a  good  or  valuable  consideration. 

Sealing  is  very  ancient.  At  common  law  it  was  required. 
In  many  states  of  this  country  it  has  been  abolished.  A  scroll 
is  all  that  is  now  required,  except  for  corporations,  which  are 
required  to  have  their  name  engraved  on  a  metal  disc  so  as 
to  leave  an  impression  on  the  document. 

Witnesses  were  not  required  at  common  law.  They  are 
required  now  only  in  certain  states  of  this  country.  An 
unacknowledged  deed  requires  witnesses,  but  seldom  does  an 
acknowledged  deed.  They  are  necessary  to  prove  the  issue, 
or  genuineness. 

A  deed  will  be  construed  according  to  the  apparent  intent 
where  the  language  is  defective,  and,  if  necessary,  the  clauses 
may  be  rejected  or  transposed  so  as  to  give  it  its  apparent 
construction.12  Instruments  in  writing  should  be  so  construed 
as  to  render  them  valid  and  effectual  rather  than  void.  Where 
one  part  of  the  description  is  false  and  impossible,  but  by 

pp.    738-  ^Warvelle's  Vendors   350,   citing 

Cumberland  Assn.  v.  Aramingo  etc. 
Church,  13  Phila.  (Pa.)  171;  Stan- 
ton v.  Mullis,  92  N.  C.  623. 


»a  Andrews '    Am. 

Law 

741. 

10  Bouvier's  Inst. 

2002. 

11  Bouvier's  Inst. 

2099. 

70  NOTARIES  PUBLIC. 

rejecting  that  a  perfect  description  remains,  the  false  and 
impossible  should  be  rejected.13 

The  delivery  of  a  deed  is  when  its  effect  takes  place  and 
not  from  its  date.    A  date  is  not  necessary.14 

A  deed  must  be  to  some  certain  person  or  corporation.15 

§164.  The  parts  are:  (1)  The  premises:  Setting  forth 
parties'  names,  the  reasons  for  the  contract,  the  considera- 
tion, with  a  description  of  the  land.  (2)  The  habendum: 
To  have,  showing  what  estate  passes.  (3)  The  tenendum: 
To  hold,  formerly  the  tenure,  now  of  little  meaning.  (4) 
The  reddendum:  The  reservation.  (5)  )  The  conditions. 
(6)  The  warranty:  Covenant  damages.  (7)  The  covenants : 
The  agreement  to  do  or  not  to  do  something,  either  expressed 
or  implied.     (8)     The  conclusion:     The  execution  and  date. 

§  165.  Form. — No  particular  form  is  necessary,  so  long  as 
the  intent  of  the  parties  is  clearly  set  forth  and  can  be  readily 
ascertained  in  the  deed.  Uncertain  language  vitiates  it.  The 
tendency  is  to  very  short  forms.  When  made  by  an  attorney, 
they  should  be  in  the  name  of  the  principal.  The  attorney 
must  be  appointed  by  letter  of  attorney.  If  by  a  corporation, 
it  must  be  executed  in  the  corporation's  name  by  officers  au- 
thorized, and  under  the  corporation  seal.16 

§  166.  A  deed  is  proved  when  witnesses  testify  to  its  gen- 
uineness. This  they  do  either  by  having  seen  the  grantor 
sign  it  or  declare  that  he  signed  it.  Or  they  testify  to  his  sig- 
nature or  the  handwriting  which  they  know.  All  deeds  must 
be  either  acknowledged  or  proved  before  they  can  be  placed 
on  record  as  an  evidence  of  the  conveyance.  The  recording 
it  upon  the  public  records  is  a  notice  to  all  parties  of  the 
transfer.  If  the  owner  of  land  sells  the  same  tract  to  dif- 
ferent parties  without  either  knowing  it  the  first  one  who 
records  his  deed  has  the  prior  right.  The  other  party  has  his 
right  of  action  against  the  party  from  whom  he  bought. 

is  Andersen  v.  Baughman,  7  Mich.  McConnell  v.  Brown,  Litt.  Sel.  Cas. 

69.  (Ky.)   459. 

nBouvier's  Inst.  sec.  2022;  Har-  is  Jackson  v.  Corey,  8  Johns.  388. 

vey    v.    Alexander,    1    Band.     (Va.)  1<JBouvier's  Inst.  sec.  2010;  Plum- 

241;    Hood   v.   Brown,   2   Ohio   268;  mer  v.  Russell,  2  Bibb  174;  Elwell  v. 

Fairbanks  v.  Metcalf,  8  Mass.  230;  Shaw,  16  Mass.  42;   Hatch  v.  Barr, 

Harrington    v.    Gage,     6    Vt.    532 ;  1  Ohio  390. 
Robinson  v.  Wheeler,  25  N.  Y.  252; 


CONVEYANCES  AND  ACKNOWLEDGMENTS.  71 

§  167.  A  witness  is  one  who  testifies  what  he  knows  to  be 
true.  It  may  be  the  signing  of  a  will,  deed  or  other  docu- 
ment, or  testifying  to  certain  matters  to  him  known. 

When  the  statutes  require  two  witnesses  to  a  deed,  one 
only  will  invalidate  the  deed.17  The  competency  of  the  wit- 
ness is  presumed.18  Proof  of  the  execution  may  be  made  by 
one  subscribing  witness.19 

§  168.  An  acknowledgment  is  the  act  of  one  who  has  exe- 
cuted a  deed,  by  going  before  some  competent  authorized 
officer  or  court,  and  declaring  it  to  be  his  or  her  act  or  deed. 
The  acknowledgment  is  certified  by  the  officer  or  court;  and 
the  term  is  sometimes  used  to  designate  the  certificate.  Its 
object  is  to  authorize  the  deed  to  be  given  in  evidence  with- 
out further  proof  of  its  execution  and  to  enable  it  to  be  re- 
corded.20 Deeds  that  have  been  acknowledged  are  seldom 
required  to  have  witnesses,  but  deeds  not  so  acknowledged 
and  certified  to  are  required  to  have  witnesses  in  order  to 
prove  their  authenticity  or  execution.21 

§  170.  Acknowledgment  essentials. — These  are  the  facts  of 
acknowledgment  and  personal  knowledge  of  the  parties:22 
Must  be  on  the  same  sheet  as  the  deed,  otherwise  it  is  void, 
unless  the  second  sheet  contains  the  testatum  clause.23  A 
certificate  of  acknowledgment  is  defective  and  insufficient 
when  it  fails  to  show  that  the  wife  knew  the  contents  of  the 
deed;  that  the  parties  were  known  to  the  officer;  when  it 
fails  to  show  that  the  parties  acknowledged  both  freely  and 
voluntarily.24  The  grantor  must  say  and  the  certificate  must 
show  that  he  executed  the  deed.25 

§  171.  Acknowledgments  as  evidence. — A  notary's  seal  at- 
tached to  the  acknowledgment  of  a  deed  without  the  notary's 

"  Thompson  v.   Morgan,   6   Minn.  Short  v.  Conlee,  28  111.  219. 

292 ;  Parret  v.  Shabhut,  5  Minn.  323.  22  J00st    v.    Craig,    131    Cah    504 

is  Job.  v.  Tibbetts,  4  Gil.  143.  State    v.    Kyland,    63    S.    W.    819 

19  0  'Sullivan      v.       Overton,       56  Hartshorn   v.   Dawson,    79   111.    108 
Conn.  102;   Melcher  v.  Flanders,  40  Hayden  v.  "Westcott,  11   Conn.  129 
N.  H.  139;   Gelatt  v.  Goodspeed,  8  Smith  v.  Garden,  28  Wis.  685. 
Cush.  412.  23  Winkler  v.  Higgins,  9  O.  S.  599. 

20  Bowman  v.  Wettig,  39  111.  416;  24  Lyon  v.  Kain,  36  111.  362;  Stu- 
Bouviers  Dicty;  Harrington  v.  Fish,  art  v.  Dutton,  39  111.  91;  Schley  v. 
10  Mich.  415.  P.  Car.  Co.,  120  U.  S.  575. 

21  Seaver   v.    Spink,    65    111.    441 ;  25  Short  v.  Conlee,  28  111.  219. 
Harrington   v.   Fish,   10   Mich.   415; 


72  NOTARIES  PUBLIC. 

signature  cannot  be  received  as  evidence  of  the  execution  of 
the  deed.26  No  objection  having  been  made,  when  the  deed 
was  put  in  evidence,  that  the  official  seal  of  the  notary  did 
not  appear  on  the  certificate  of  acknowledgment,  the  objec- 
tion will  be  regarded  as  having  been  waived.27  The  certificate 
of  acknowledgment  of  a  notary  or  consul  is  prima  facie  evi- 
dence of  their  official  character.28  In  taking  acknowledg- 
ments, an  officer  acts  under  the  sanction  of  his  official  oath, 
and  his  certificate,  required  by  law  to  be  made,  should  be 
regarded  as  high  a  grade  of  evidence  as  if  given  under 
oath.29  A  certificate  must  contain  some  assignable  locality, 
which  the  court  can  judicially  notice  in  order  to  render  the 
deed  admissible  as  evidence  without  proof  of  its  execution; 
and  a  notarial  seal  will  not  cure  the  defect.30 

§  172.  Acknowledgment  taken  by  an  attorney. — A  notary 
who  is  an  attorney  is  not  disqualified  from  taking  an  acknowl- 
edgment of  a  mortgage  made  to  his  client  merely  because  he 
holds  for  collection  the  claim  secured  by  such  mortgage,  it  not 
appearing  that  he  has  any  beneficial  interest  in  the  mort- 
gage, nor  that  the  amount  of  his  compensation  in  any  man- 
ner depended  upon  such  mortgage.31 

An  attorney  or  agent  of  a  party  who  is  beneficially  inter- 
ested in  a  deed  or  mortgage,  or  one  who  is  a  director  or  other 
officer  or  agent,  but  not  a  stockholder,  in  a  corporation  which 
is  interested  in  the  instrument  to  be  acknowledged,  is  not 
disqualified  to  take  and  certify  to  an  acknowledgment  in  an 
official  capacity.32 

§  173.  Acknowledgment  taken  by  a  notary  when  an  officer 
in  a  corporation. — An  officer  in  a  corporation  can  attest  the 
execution  of  its  deeds,  if  an  officer,  authorized  to  take  ac- 
knowledgments.33 An  acknowledgment  of  a  chattel  mortgage 
by  a  corporation  residing  in  another  state  can,  according  to 
the  Illinois  statute,  be  taken  before  any  officer  authorized  by 
law  to   take   acknowledgment   of  deeds.34     If  taken   at  the 

26  Clark  v.  Wilson,  27  111.  App.  «  Havemeyer  v.  Dahn,  48  Neb. 
610,  127  111.  449;  Foster  v.  Latham,     536. 

21  111.  App.  165.  32  Ogden  B.  Ass.  v.  Mensch,   196 

27  Baker  v.  Baker,  159  111.  394.  111.  554;  Cooper  v.  Hamilton,  56  Am. 

28  Mott  v.  Smith,  16  Cal.  534.  St.  795. 

29  Warrick  v.  Hull,  102  111.  280.  33  Sawyer  v.  Cox,  63  111.  130. 

so  Vance  v.  Schuyler,  1  Gil.  160.  34  Hewitt    v.    Watertown    Engine 

Co.,  65  111.  App.  153. 


CONVEYANCES  AND  ACKNOWLEDGMENTS.        73 

home  office  of  the  corporation  mortgagor,  it  conforms  with  the 
statute.35  An  acknowledgment  taken  before  a  notary  who 
is  a  stockholder,  director  and  attorney  of  the  association  is 
not  ipso  facto  void,  but  is  voidable  on  proof  of  fraud,  de- 
ception or  undue  advantage  by  reason  of  the  notary's  rela- 
tionship. In  the  absence  of  such  proof,  the  acknowledgment 
will  be  upheld.  "When  taken  before  officers  who  are  related 
to  either  party  or  who  are  interested  in  the  instruments  are 
contrary  to  public  policy.  While  not  void  they  are  open  to 
attack  on  the  ground  of  fraud,  etc.36 

The  Indiana  statutes  forbid  any  officer  or  employe  of  a 
bank  or  banking  corporation,  acting  as  notary  public  for 
such  bank  or  banking  corporation,  because  they  are  interested 
parties.37 

A  notary  is  not  disqualified  from  taking  an  acknowledg- 
ment of  a  mortgage  made  to  a  corporation  of  which  he  is 
secretary  or  treasurer,  when  it  does  not  appear  that  he  is  a 
stockholder  in  the  corporation  or  otherwise  interested  in  the 
conveyance.38 

§  174.  Acknowledgment  by  a  notary  stockholder. — A  stock- 
holder in  a  corporation  is  disqualified  from  acting  as  a  notary 
in  taking  its  acknowledgment,  because  he  is  financially  inter- 
ested in  the  transaction.    It  is  against  public  policy.39 

§  175.  Acknowledgment  by  officer  in  corporation. — Act  of 
an  officer  in  taking  the  acknowledgment  of  a  grantor  to  con- 
veyance of  real  estate  is  a  ministerial  one.  Being  secretary 
and  treasurer  of  a  corporation  does  not  authorize  the  pre- 
sumption that  he  is  a  stockholder.  The  relationship  or  in- 
terest possessed  by  an  officer  disqualifying  him  from  an 
acknowledgment  must  be  determined  from  the  facts  and  cir- 
cumstances of  the  case.  A  notary  is  not  disqualified  from 
taking  an  acknowledgment  of  a  mortgage  made  to  a  corpora- 
tion merely  because  it  is  shown  he  is  its  secretary  and  treas- 
urer, it  not  appearing  that  he  is  a  stockholder,  or  otherwise 

33  Hewitt   v.  Gen.    Elee.    Co.,    164  38  Kothe  v.  Krag  E.  Co.,  20  Ind. 

111.  420.  App.  293,  citing  Smith  v.  Clark,  100 

36  Cooper  v.  Hamilton  Perpetual  Iowa  605;  Bank  v.  Eivers,  36  Fla. 
B.  &  L.  Assn.,  97  Tenn.  285,  Id.  56  575. 

Am.  St.  795.  s«  Ogden  B.  &  L.  Assn.  v.  Mensch, 

37  Kothe  v.  Krag-KejTiolds  Co.,  20      196  111.  554. 
Ind.  App.  293. 


74  NOTARIES  PUBLIC. 

beneficially  interested  in  having  the  mortgage  made.40  The 
Florida  statutes  permit  the  vice-president  of  a  corporation, 
who  is  a  notary  public,  to  take  an  acknowledgment  to  a  mort- 
gage for  the  corporation  when  he  is  not  one  of  its  stock- 
holders.41 

An  acknowledgment  is  void  when  taken  by  an  officer  who  is 
disqualified  to  act,  or  who  is  a  party  in  interest.42 

In  Florida  the  acknowledgment  of  a  deed  taken  by  the 
grantee  was  held  void.43 

§  176.  Acknowledgment  of  sheriff's  deed  is  essential  to  its 
validity  for  land  sold  by  him  under  an  execution.  The  prop- 
erty is  conveyed  against  the  will  of  the  judgment  debtor,  the 
conveyance  is  not  his  act,  but  the  act  of  law;  and  the  law, 
when  acknowledgment  is  requisite,  must  be  strictly  complied 
with.44 

§  177.  Acknowledgment  by  wife ;  private  examination. — 
In  Illinois  formerly  it  was  essential  that  in  a  deed  conveying 
the  wife 's  estate  the  certificate  of  acknowledgment  should 
state  that  she  was  examined  separate  and  apart  from  her 
husband  and  that  the  contents  of  the  deed  were  made  known 
and  explained  to  her.  Failing  to  so  state  made  the  deed  as 
to  her  and  her  heirs  void.45  This  is  not  so  now,  she  can 
transfer  as  if  a  femme  sole.  Many  states  permit  her  to  convey 
her  separate  estate  without  her  husband  joining.  Tennessee 
so  permits,  if  she  has  a  privy  examination  before  a  chancellor 
or  circuit  judge  of  the  state  or  clerk  of  the  county  court.46 

The  separate  acknowledgment  before  another  notary  than 
the  husband's  must  show  that  it  was  her  free  act,  a  separate 
examination,  a  voluntary  act  by  her,  and  that  she  is  still  sat- 
isfied.47 

The   provision   of   the   law   authorizing   certain   officers   to 

*°Horbach    v.    Tyrrell,    48    Neb.         « Kothe  v.  Krag  E.  Co.,  20  Ind. 

514.  -A pp.  293,  citing  Hogans  v.  Carrutb, 

*iFla.   Sav.   Bk.   &  E.   E.   Ex.   v.  18  Fla.  587;   Green  v.  Abraham,  43 

Eivers,  36  Fla.  575.  Ark.  420;  Hammers  v.  Dole,  61  111. 

42  Kothe  v.  Krag-Eeynolds  Co.,  20  307. 
Ind.    App.    293,    citing    Hubble    v.  44  Warvelle  's  Abstracts,  p.  301. 

Wright,    23    Ind.    323;    Bowden    v.         «  Mettler  v.  Miller,  129  111.  630. 
Parish,     86     Va.     67,     and     others;  46  Eobinson    v.    Queen,    87    Tenn. 

Farmers  &  Merchants  Bk.  v.  Stock-  445. 

dale  —  Iowa  —  (Oct.  8,  1903),  18  47  Ludlow  v.  O'Neill,  29  O.  S.  181. 
Chicago  Law  Jr.  611. 


CONVEYANCES  AND  ACKNOWLEDGMENTS.  75 

take  the  private  examination  of  the  wife  was  designed  as  a 
substitute  for  the  proceeding  at  common  law  by  fine  and  re- 
covery, whereby  the  rights  of  the  wife,  on  the  one  hand, 
might  be  guarded,  and  a  sure,  unquestionable  transfer  of  her 
right  secured  on  the  other.48 

A  justice's  certificate  that  a  married  woman  declared  that 
voluntarily  and  of  her  free  will  she  executed  a  certain  deed 
is  conclusive  in  the  absence  of  fraud  or  duress.49 

Any  conveyance  good  at  common  law  will  pass  the  estate 
of  the  husband,  whether  his  wife  joins  him  in  it  or  not,  even 
if  not  acknowledged  before  an  officer.  Whereas  in  the  case 
of  the  wife,  the  statute  requires  that  either  the  husband  must 
join  her  in  the  deed,  or,  if  executed  by  her  alone,  that  it  be 
acknowledged  before  some  officer.  This  requirement  is  man- 
datory, and  if  not  complied  with  the  deed  is  invalid.50  It  is 
sufficient  if  it  appears  the  statute  has  been  substantially  ob- 
served and  followed.  A  mere  literal  compliance  is  not  de- 
manded or  expected.51  Redundancy  is  to  be  regarded  as  sur- 
plusage.52 When  a  femme  covert  pleads  her  right  of  dower 
the  form  is  different  from  that  by  which  she  conveys  her  es- 
tate of  inheritance.53  Her  execution  and  acknowledgment 
must  appear  certain  and  clearly  express  what  is  intended.54 

§  178.  Acknowledgment  of  chattel  mortgages  by  a  notary 
of  another  State  is  conferred  by  the  force  and  vigor  of  the  Illi- 
nois statutes  when  the  mortgagor  resides  in  such  State,  as  well 
as  in  cases  of  real  estate  conveyances.55  The  evidence  of  the 
officer  who  takes  an  acknowledgment  of  a  chattel  mortgage 
is  competent  for  the  purpose  of  impeaching  his  official  certifi- 
cate.56 The  omission  to  state  the  county  in  an  acknowledgment 
to  a  chattel  mortgage  taken  before  a  justice  of  the  peace  is 
immaterial  when  it  is  perfectly  certain  that  the  acknowledg- 
ment was  taken  by  a  justice  of  the  peace  in  and  for  a  town 
of  which  the  court  has  judicial  knowledge  to  be  in  the  proper 
county.57 

*»  Kerr  v.  Kussell,  69  111.  666.  54  Merritt  v.  Yates,  71  111.  636. 
4»  Carr  v.   H.   C.   Frick  Coke   Co.,         55  Hewett     v.     Watertown     Steam 

170  Pa.  St.  62.  Engine  Co.,  65  111.  App.  153. 

6«  Snell  v.  Snell,  123  111.  404.  56  McCurley  v.  Pitner,  65  111.  App. 

si  Stuart  v.  Dutton,  39  111.  91.  17. 

62  Chister  v.  Rumsey,  26  111.  97.  57  Gilbert  v.   Nat.   Cash  Reg.   Co., 

53  Lane  v.  Dolick,  6  McL.  200.  67  111.  App.  606. 


76  NOTARIES  PUBLIC. 

§  179.  Acknowledgments  of  town  plats. — While  a  town 
plat,  imperfectly  acknowledged,  fails  to  convey  the  fee,  it  is 
evidence  tending  to  prove  a  common  law  dedication,  which 
vests  an  easement  in  the  streets  and  alleys  in  the  munici- 
pality.58 

§180.  Certificate  of  acknowledgment  is  the  officer's  state- 
ment on  a  document  which  a  party  acknowledges.  The  officer 
states  that  on  a  certain  day  named  the  grantor,  who  was 
personally  known,  or  proved  to  him  by  the  testimony  of  a  wit- 
ness (giving  name)  to  be  the  person  described  in  and  who 
executed  the  deed,  personally  appeared  before  him  and  ac- 
knowledged the  instrument  to  be  their  free  act  and  deed. 
He  signs  his  name  and  affixes  his  official  seal  by  impressing  it 
upon  the  instrument.  The  deed  is  then  entitled  to  record.  No 
officer  shall  take  the  acknowledgment  of  the  execution  of  a 
deed  unless  he  shall  know,  or  have  satisfactory  evidence,  that 
the  person  making  the  acknowledgment  is  the  individual 
named  in  and  who  executed  the  conveyance.  He  is  required 
to  put  his  certificate  upon  the  deed  to  that  effect.59  A  deed 
may  be  valid  and  binding  on  the  parties  who  execute  it,  with- 
out any  acknowledgment.  The  purpose  of  the  certificate  is 
to  prove  the  execution,  otherwise  other  proof  may  be  resorted 
to  to  make  it  binding  on  the  parties.60  As  between  the  grantor 
and  grantee  a  deed  neither  acknowledged  nor  recorded  will 
pass  the  title.61 

The  officer  has  no  right  to  certify  anything  that  he  does 
not  know.62  Certifying  when  the  party  has  not  appeared 
before  him  or  when  he  has  not  read  the  instrument  is  a  mis- 
feasance and  renders  him  liable.63 

A  notary's  certificate  of  acknowledgment  of  a  proxy  with- 
out any  venue  is  defective,  since  he  is  a  local  officer,  and  it 
must  appear  on  the  face  of  the  certificate  that  the  acknowledg- 
ment was  taken  within  his  territorial  jurisdiction.64 

A  certificate  of  acknowledgment  of  a  deed  or  certificate 
of  a  notary,  or  other  officer,  stating  in  its  body  the  officer's 

ss  Gould  v.  Howe,  131  111.  490.  372,  35  Neb.  517;  Harrison  v.  Me- 
ss Fryer  v.  Rockefeller,  63  N.  Y.  Whirter,  12  Neb.  155. 

268.  62  Fisher  v.  Meister,  24  Mich.  447. 

<»  Robinson  v.   Robinso^,   116   111.  63  Curtiss  v.  Colby,  39  Mich.  456. 

250.  6*Re  Henschel  (IT.  S.  D.  C.  S.  D. 

6i  Galligher    v.    Connell,    46    Neb.  N.  Y.)  N.  B.  N.  Rep.  vol.  3,  933. 


CONVEYANCES   AND   ACKNOWLEDGMENTS.  77 

official  character,  it  is  useless  and  unnecessary  to  again  cer- 
tify it  by  full  designation  following  the  signature.65 

An  officer  having  taken  an  acknowledgment  of  a  deed,  and 
made  a  certificate  thereof,  cannot  afterwards  amend  or  change 
his  certificate  for  the  purpose  of  correcting  a  mistake.  This 
can  only  be  done  by  the  parties  reacknowledging  the  deed.66 
The  same  is  true  if  the  deed  had  been  delivered.67 

§  181.  Officers  certifying  must  give  their  official  title,  or  it 
is  fatally  defective.68  If  the  title  is  given  in  full  in  the  body 
of  the  certificate,  its  omission  from  the  signature  is  imma- 
terial.    The  initials  of  the  title  will  suffice.69 

§  182.  Certificate  may  be  impeached,  as  between  the  im- 
mediate parties  for  fraud,  collusion  or  imposition,  but  not 
otherwise.70 

The  acknowledgment  of  a  deed  cannot  be  impeached  for 
anything  but  fraud.71 

The  policy  of  the  law  is  to  uphold  all  certificates  of  ac- 
knowledgment ;  where  substance  is  found,  mere  clerical  errors 
and  technical  omissions  are  disregarded.72 

In  the  absence  of  fraud  or  collusion,  the  certificate  of  the 
officer  taking  the  acknowledgment  is  essential  to  full  credit.73 

§  183.  Statute  conformity. — The  laws  of  two  states  cannot 
be  united  in  taking  acknowledgments  outside  the  state;  there 
must  be  entire  conformity  to  the  law  of  one  or  the  other 
state.74  A  deed  executed  out  of  the  state  is  properly  acknowl- 
edged if  executed  according  to  the  laws  of  the  state  where 
the  execution  takes  place.75     It  must  appear  that  the  officer 

65  Hefferman  v.  Harvey,  41  W.  7i  Ogden  B.  &  L.  Assn.  v.  Mensch, 
Va.  766.                                                         196  111.  554. 

66  Merritt  v.  Yates,  71  111.  636.  72  Summer    v.    Mitchell,     29    Fla. 
6T  Griffith  v.  Ventress,  91  Ala.  966.      179;    Douglass  v.  Bishop,  45   Kans. 

68  Warvelle 's    Abstracts,    p.    224;      200. 

Bout  v.  Bout,  20  O.  S.  119;  Cassell  73  Lickman    v.    Hurding,    65    111. 

v.  Cook,  8  Serg.  &  E.  268 ;  Clark  v.  505 ;  Calumet  v.  Russell,  68  111.  426. 

Wilson,  27  111.  App.  610,  Id.  127  111.  74  Adams    v.    Bishop,    9    111.    395; 

449.  Montag  v.  Linn,  19  111.  399. 

69  Summer    v.     Mitchell,    29    Fla.  75  Esker  v.  Hefferman,  159  111.  38 
179.  Summer  v.    Mitchell,    29   Fla.    179 

70  Fitzgerald    v.    Fitzgerald,     100  Slaughter  v.  Bernardo,  88  Wis.  Ill 
111.    385;    Warrick  v.   Hull,   102   111.  Keller  v.  Moore,  51  Ala.  340;   Post 
280;    O'Donnell  v.  Kelliher,  62  111.  v.  F.  N.  Bank,  138  111.  559. 

App.  641. 


78  NOTARIES  PUBLIC. 

making  the  certificate  is  an  officer  of  the  state  within  which 
the  acknowledgment  is  made,  and  that  he  is  acting  under  and 
by  authority  of  its  laws.76 

§  184.  Seals  are  of  ancient  origin,  borrowed  from  the  cus- 
tom of  kings.  Private  seals  consist  of  a  mere  scroll  or  the 
initials  L.  S.,  and  as  they  have  but  little  meaning  now,  are 
being  abolished  by  many  of  the  states.  Official  seals  and 
seals  of  corporations  are  the  only  ones  much  used.  They  are 
intended  to  give  validity  and  solemnity  to  the  act. 

§  185.  Notary's  seal  must  be  attached  to  all  acknowledg- 
ments taken  by  them.77  The  official  seal  attached  to  an  ac- 
knowledgment imparts  verity  and  that  the  act  is  official  and 
not  individual.78  No  seal  is  necessary  to  certificates  of  ac- 
knowledgment unless  the  statutes  expressly  require  it.79  The 
law  with  regard  to  the  acknowledgment  of  deeds  and  mort- 
gages is  now  unconstitutional  and  void,  as  impairing  the 
obligation  of  contracts.  It  is  within  the  legislative  power  to 
enact,  as  to  future  contracts,  that  the  same  shall  not  be  bind- 
ing or  effective  in  any  way  without  a  seal  or  without  an  ac- 
knowledgment of  a  specific  kind  or  without  being  recorded. 
Statutes  simply  prescribe  what  shall  be  essential  to  constitute 
a  valid  contract.80 

An  acknowledgment  to  a  deed  taken  before  a  notary  public 
in  Missouri  under  his  official  seal,  in  conformity  with  the  Illi- 
nois statute  for  lands  situated  in  Illinois,  is  sufficient.81 

§  186.  Officer  must  act  within  the  state  of  his  authority.82 
Some  states  permit  a  notary  to  take  acknowledgments  to 
deeds  anywhere  within  the  state.83 

§  187.  Errors  and  delivery. — Deeds  must  be  fully  complete 
before  delivery.  Alterations  made  afterwards  will  either  avoid 
or  make  them  of  no  effect.84  Alterations,  erasures  or  interline- 
ations in  deeds  should  be  avoided,  as  they  tend  to  question. 


76  Final  v.  Backus,  18  Mich.  218.  82  Rorers  Interstate  Law  (2d  ed.) 

'■!  Dyer  v.  Flint,  21  111.  80.  290. 

78  Moore  v.  Titman,  33  111.  358.  83  Guertin   v.    Mombleau,    144    111. 

7n  Thompson   v.  Morgan,   6   Minn.  32;    Openheimer    v.    Greishofer,    54 

292;  Baze  v.  Arper,  6  Minn.  220.  111.  App.  39. 

so  Parrott  v.  Kumpf,  102  111.  423.  s*  Wallace  v.  Harmstad,  15  Pa.  St. 

si  Dawson  v.  Hayden,  67  111.  52.  462. 


CONVEYANCES  AND  ACKNOWLEDGMENTS.  ~<) 

Deeds  may  be  delivered  conditionally  to  a  third  person, 
either  to  be  delivered  to  the  grantee  without  condition  when 
the  rights  of  the  grantee  to  the  deed  immediately  attach,  or 
it  may  be  delivered  as  an  escrow. 

An  escrow  is  a  conditional  delivery  of  a  deed  to  a  stranger 
until  certain  conditions  shall  be  performed,  to  be  then  de- 
livered to  the  grantee,  the  conditions  to  be  distinctly  stated 
at  the  time  of  delivery.85 

§  188.  Duress. — A  deed  made  under  duress  of  imprisonment 
or  fear  from  threats  of  personal  violence  is  voidable  but  not 
void.86 

Duress  of  a  person  is  that  condition  of  his  mind  caused  by 
wrongful  conduct  of  another,  rendering  him  incompetent  to 
contract  by  the  exercise  of  his  own  free  will.87 

§  189.     Intoxication  may  avoid  a  deed.88 

§  190.  Undue  influence  over  the  maker  of  a  deed  equity  con- 
siders a  fraud  and  will  set  it  aside.89 

§  191.  Recording. — A  deed  is  valid  as  between  parties  to 
it  without  being  acknowledged  or  recorded.90 

It  is  sufficient  to  entitle  a  deed  for  record  that  it  be  ac- 
knowledged before  some  officer  in  the  state  authorized  by 
law  to  take  the  acknowledgment.91 

Recording  of  deeds,  mortgages,  liens,  judgments,  wills  and 
other  instruments  pertaining  to  real  estate,  is  necessary  in 
order  to  give  notice  to  the  public  regarding  the  title  of  the 
property.  Deeds  and  mortgages  may  be  valid  as  between  the 
parties  and  those  having  notice,  but  an  innocent  purchaser 
might  be  defrauded. 

Knowledge  of  the  existence  of  an  unrecorded  deed  may 
be  a  sufficient  ground  for  the  imputation  of  constructive  fraud 
to  a  subsequent  purchaser.92 

§  192.  Registration  of  title— Torrens  law  is  a  system  used 
in  Australia,  Germany,  France,  England  and  several  other 
countries.     It  is  claimed  to  be  a  simpler  method  of  transfer- 

ssBouvier's  Inst.  sec.  2028;  Clark  88  Johnson  v.  Phifer,  6  Neb.  401. 

v.  Gifford,  10  Wend.  310.  89  Howe  v.  Howe,  99  Mass.  88. 

86  Sanf  ord    v.    McLean,    3    Paige  »<>  Semple  v.  Miles,  2  Scam.  315. 

117.  oi  Harding  v.  Curtis,  45  111.  252. 

S7  Batavian    Bank    v.    North,    114  »2  Schroeder      v.      Tomlinson,      70 
Wis.  637;  Galusha  v.  Sherman,  105     Conn.  348. 
Wis.  263. 


80  NOTAEIES  PUBLIC. 

ring  lands.  It  has  been  adopted  to  some  extent  in  Illinois, 
Ohio,  Massachusetts,  Minnesota,  Oregon,  California  and  Colo- 
rado. 

§  193.  Parties  to  a  deed. — All  persons  having  complete 
ownership,  of  sound  mind,  of  full  age,  not  in  duress,  unless 
otherwise  disqualified  by  law,  can  acquire  or  alien  title  to 
land.     In  some  states  aliens  are  forbidden  to  hold  by  statute. 

§  194.  Power  of  attorney  is  a  written  instrument,  by  which 
one  or  more  persons,  called  constituents,  authorize  one  or 
more  other  persons,  called  attorneys,  to  do  some  lawful  act 
by  the  latter,  for  or  instead  and  in  the  place  of  the  former.93 
Anyone  can  authorize  another  to  do  what  he  is  authorized 
to  do  himself. 

Deeds  when  made  by  an  attorney  should  be  in  the  name 
of  the  principal.  The  attorney  must  be  appointed  by  letter 
of  attorney.  If  by  a  corporation,  it  must  be  executed  in  the 
corporation's  name  by  officers  authorized,  and  under  the  cor- 
poration seal.94 

§  195.  Husband's  conveyance  to  wife. — By  the  rules  of  the 
common  law  as  distinguished  from  equity,  the  husband  or 
wife  cannot  convey  directly,  one  to  the  other.  But  in  many 
states  they  can.    See  New  York.95 

§  196.  Wife's  conveyance  of  her  own  property. — Greater 
strictness  is  required  where  a  married  woman  seeks  to  con- 
vey her  own  real  estate,  for  the  reason  the  deed  does  not 
take  effect  by  delivery,  as  in  the  case  of  a  conveyance  by  a 
husband  and  wife  conveying  his  estate,  in  which  the  wife 
has  but  an  inchoate,  uncertain  and  expectant  interest,  which 
may  never  be  consummated.  In  the  first  case,  her  deed  be- 
comes operative  only  by  her  acknowledgment  in  the  mode 
prescribed  by  statute.  Until  so  acknowledged  it  has  no  vital- 
ity.1 It  is  the  acknowledgment  that  gives  effect  to  the  deed, 
and  that  must  be  substantially  in  conformity  with  the  law; 
if  not  so  made  the  deed  is  invalid.2 

Wife  must  be  personally  known  to  the  officer,  in  order  to 

»3  Bouvier  's  Inst.  sec.  893.  95  Underhill  v.   Morgan,   33   Conn. 

o^Bouvier's      Inst.      sec.       2010;  107. 

Plummer    v.    Eussell,    2    Bibb    174;  i  Lindley  v.  Smith,  58  111.  250. 

Elwell  v.  Shaw,  16  Mass.  42 ;  Hatch  2  Lane  v.  Dolick,  6  McL.  200. 
v.  Barr,  1  Ohio  390. 


CONVEYANCES  AND  ACKNOWLEDGMENTS.  81 

make  a  deed  of  the  husband's  real  estate,  executed  by  both, 
operative  as  a  valid  release  of  the  wife's  dower;  the  certificate 
must  show  it.3 

Where  the  official  certificate  to  a  deed  shows  that  the  wife, 
on  a  private  examination,  acknowledged  the  execution  thereof, 
that  she  freely  and  voluntarily  relinquished  her  dower,  as  re- 
quired by  law,  and  all  this  without  fear  or  compulsion  of  her 
husband,  it  is  of  no  importance  who  put  her  name  to  the  deed 
so  long  as  it  is  of  record  that  she  acknowledged  the  signa- 
ture.4 

A  married  woman  can  only  relinquish  her  rights  of  home- 
stead and  dower  in  her  husband's  lands  by  joining  with  him  in 
the  execution  of  a  deed  or  mortgage.  All  other  contracts  in 
relation  thereto  are  void  for  want  of  capacity.5  Where  there 
is  no  homestead  in  land,  the  title  of  the  husband  can  be  con- 
veyed alone,  it  is  not  necessary  that  his  deed  be  acknowledged 
to  effect  the  transfer.6  In  California  a  homestead  cannot  be 
created  upon  land  held  in  co-tenancy,  or  tenancy  in  common, 
in  favor  of  one  of  the  co-tenants.7 

§  197.  Partner's  conveyance,  by  deed. — One  partner  has  no 
right  to  bind  his  co-partners  by  deed.  If  executed  in  the 
presence  of  his  co-partners  it  is  deemed  an  execution  by 
them.8 

§  198.  Quit-claim  is  a  release  deed  relinquishing  all  claims 
to  the  property  for  a  consideration.  It  may  be  for  one  dollar, 
love  and  affection.    So  long  as  there  is  a  consideration. 

§  199.  Tax  deed  is  the  instrument  by  which  the  officers  of 
the  law  transfer  the  title  of  the  rightful  owner,  for  non- 
payment of  taxes,  to  a  purchaser  at  the  tax  sale. 

§  200.  Trust  deed  is  a  form  of  mortgage  much  used  in 
many  states.  A  deed  is  made  in  trust  with  a  power  of  sale 
in  favor  of  the  mortgagee,  with  provisions  for  attorneys'  fees 
in  case  of  foreclosure. 

§  201.  Covenants  for  title  usually  are :  That  the  vendor 
is  lawfully  seized  (or  in  possession)  of  the  land;  that  he  has 

3  Hart  v.  Kandolph,  142  111.  521.  »  id. 

4  Kerr  v.  Kussell,  69  111.  666.  «  Lindley  on  Partnership,  *p.  137 
s  Knox  v.  Brady,  74  111.  476.  Brooks  v.  Sullivan,  32  Wis.  444 
«Kosenthal  v.   Merced  Bank,   110  Thompson  v.  Bowman,  6  Wall  316 

Cal.  198.  Haynes  v.  Seachrest,  13  Iowa  455. 

6 


82  NOTAEIES  PUBLIC. 

the  power  to  convey  it;  that  he  promises  peaceful  possession 
to  the  purchaser,  his  heirs  and  assigns;  that  it  is  free  from 
all  incumbrances;  and  for  further  assurance.9  Covenants  run- 
ning with  the  land  are  to  be  governed  and  controlled  by  the 
laws  of  the  State  where  the  land  is  situated.10 

§  202.  A  title  is  the  means  whereby  the  owner  of  lands  hath 
the  just  possession  of  his  property.11 

The  validity  and  construction,  as  well  as  the  force  and 
effect,  of  all  instruments  affecting  the  title  to  the  land,  depend 
upon  the  law  of  the  state  where  the  land  is  situated.12 

§  203.  Legal  and  equitable  titles. — An  equitable  title  re- 
quires the  simultaneous  existence  of  two  estates — the  one  legal, 
vested  in  one  person,  and  recognized  only  by  courts  of  law ;  the 
second  equitable,  vested  in  another  person,  and  recognized 
only  by  courts  of  equity.  These  two  interests  must  be  separate, 
and  as  a  rule,  must  be  held  by  different  persons,  for  if  the  legal 
estate  and  the  equitable  estate  both  become  vested  in  the  same 
person  by  the  same  right,  then,  as  a  general  rule,  a  merger 
takes  place,  and  the  legal  estate  alone  remains.  There  are  ex- 
ceptions.13 

Equitable  titles  are  either  good,  marketable,  doubtful,  or 
bad. 

§  204.  A  good  title  is  one  which  entitles  a  man  by  right  to 
a  property  or  estate,  and  to  the  lawful  possession  of  the 
same.    One  free  from  doubt  or  defects.14 

§  205.  A  marketable  title  is  one  which  a  court  of  equity 
considers  to  be  so  clear  that  it  will  enforce  its  acceptance  by 
a  purchaser.  An  equitable  doctrine  but  frequently  applied  in 
courts  of  law.15 

§  206.  A  complete  title  is  one  having  the  right  of  possession 
joined  to  the  right  of  property. 

§  207.     A  doubtful  title  is  one  a  court  of  equity  does  not 

s  Surgten  's  Vendors,  p.  573.  App.  592,  citing  Harrison  v.  Weath- 

io  Dalton    v.    Taliaferro,    101    111.  erby,  180  111.  418. 
App.  592,  citing  4  Kent's  Am.  472.  isPomeroy's   Eq.    Jurisp.    2d   ed., 

ii  2  Blackstone  195;  Coke  on  Lit-  sec.  147. 
tleton  345;  Arlington  v.  Liscom,  34         ^Warvelle's  Vendors,  2d  ed.,  sec. 

Cal.  365.  301. 

12  Dalton    v.    Taliaferro,    101    111.         is  Bouvier's  Inst.,  sec.  1954;  Mau- 

pin  's  Marketable  Titles,  673. 


CONVEYANCES   AND   ACKNOWLEDGMENTS.  83 

consider  clear  enough  to  enforce  an  acceptance  of,  nor  de- 
fective enough  to  declare  bad.    A  bad  title  conveys  no  property. 

§  208.  Title  to  real  estate  is  acquired  by  descent,  by  pur- 
chase and  by  adverse  possession. 

§  209.  Title  by  descent  is  acquired  as  heir  at  law,  by  the 
death  of  an  ancestor  or  relative. 

§  210.  Title  by  purchase  is  a  generic  term  and  includes 
every  mode  of  coming  to  an  estate,  except  by  inheritance. 
Its  limited  application  is  to  acquisition  by  bargain  and  sale.16 

§  211.  Title  by  adverse  possession  is  the  enjoyment  of  land, 
or  such  estate  as  lies  in  grant,  under  such  circumstances  as 
indicate  that  such  enjoyment  has  been  commenced  and  con- 
tinued under  an  assertion  or  color  of  right  on  the  part  of  the 
possessor.17 

§  212.  Grants  and  concessions,  sometimes  called  patents, 
have  been  made  from  time  to  time  by  the  Federal  government 
and  by  the  states,  to  public  lands. 

§  213.  Eminent  domain  is  the  right  which  the  government 
holds  over  all  lands  to  appropriate  them  to  public  use  when 
necessary.18 

§  214.  An  estate  is  the  degree,  quantity,  nature  and  extent 
of  interest  which  one  has  in  real  property.19 

§  215.  A  fee  is  an  estate  which  may  continue  forever.  It 
is  divided  into  estates  of  fee  simple,  fees  determinable,  fees 
qualified,  fees  conditional,  fees  tail.20 

A  qualified  fee  is  an  interest  given  to  a  man  and  certain  of 
his  heirs  at  the  time  of  its  limitation.  A  conditional  fee  in- 
cludes one,  either  to  commence  or  determine  on  some  condition. 

§  215a.  Pee  simple  is  the  absolute  estate  a  man  and  his 
heirs  have  in  the  land — the  largest  possible. 

§  216.    Fee  determinable  is  limited  to  a  man  and  his  heirs. 

§  217.  Fee  tail  is  the  inheritable  limited  estate  which  de- 
scends to  certain  classes  of  heirs  of  the  body  of  an  ancestor.21 

is  Warvelle  's  Abstracts,  p.  39.  isBouvier's  Inst.  sec.  1693. 

it  Pick.  466,  8  Conn.  440,  9  Johns.         20  Preston  on  Estates,  419. 
174.  21  Bouvier. 

is  Kent's  Com.  vol.  2,  p.  338  and 
339;  3  Paige,  eh.  73. 


84  NOTAEIES  PUBLIC. 

§  218.  A  remainder  estate  is  "  an  estate  limited  to  commence 
after  the  determination  of  a  particular  estate,  previously  lim- 
ited by  the  same  deed  or  instrument  out  of  the  subject  of 
property. '  '22 

Where  a  contingent  remainder  is  devised  the  fee  descends 
to  the  heir,  and  when  the  contingency  happens  the  heir's  es- 
tate opens  to  let  in  the  remainder.23 

§  219.  Merger  estate  is  the  absorption  of  a  lesser  estate 
by  the  greater  when  they  meet  in  one  and  the  same  person. 

§  220.  Life  estate  is  held  only  during  the  life  of  the  person, 
such  as  curtesy  and  dower. 

§  221.  Curtesy  is  the  life  estate  which  a  husband  has  in  the 
estate  of  his  wife  after  her  death,  providing  they  have  lawful 
issue  capable  of  inheriting,  it  is  an  estate  of  freehold. 

§  222.  Dower  is  the  life  estate  which  a  wife  has  in  the  lands 
and  tenements  of  her  deceased  husband,  which  was  acquired 
any  time  during  their  coverture.  At  common  law,  and  in 
most  of  the  United  States,  it  is  one-third  of  the  estate.  The 
husband's  deed  to  land  will  pass  the  legal  title  without  the 
wife  joining.  The  object  of  the  wife  joining  is  to  pass  her 
right  of  dower.24  Where  a  femme  covert  was  the  owner  of 
real  estate  in  fee,  and  executed  a  deed  with  her  husband, 
purporting  to  convey  the  estate,  and  the  acknowledgment  was 
in  substance  a  mere  relinquishment  of  dower,  the  deed  did  not 
convey  the  estate  of  the  wife.25 

§  223.  A  trust  estate  is  one  held  for  the  benefit  of  another. 
A  trustee  is  the  person  holding  the  estate.  A  cestui  que  use 
is  he  for  whose  use  the  estate  is  held.  A  cestui  que  trust  is  the 
equitable  owner  of  the  estate.  A  cestui  que  vie  is  one  whose 
life  measures  the  duration  of  the  estate. 

§  224.  Heirs  are  those  born  in  lawful  matrimony,  who  suc- 
ceed to  one's  estate  by  descent,  or  right  of  blood,  and  by  act 
of  God.    There  are  often  heirs  by  adoption. 

§  225.  Affinity  is  the  relation  existing  by  marriage.  The 
kindred  of  the  wife  with  the  husband  and  the  kindred  of  the 
husband  with  the  wife. 

^2  Preston   on   Estates,  p.   90,  eit-  2*  Eagan  v.  Connelly,  107  111.  458. 

ing  Coke.  25  Lane  v.  Dolick,  6  McL.  200. 

23  Peterson  v.  Jackson,  196  111.  40. 


CONVEYANCES  AND  ACKNOWLEDGMENTS.        85 

§  226.  Consanguinity  or  kindred  is  the  blood  degree  rela- 
tionship of  individuals,  descending  from  a  common  ancestor, 
as  ascendents.  Ancestors:  Great  grandfather,  great  grand- 
mother, grandfather,  grandmother,  father,  mother.  Descend- 
ants :  Son,  grandson,  great  grandson.  The  degree  is  estab- 
lished by  each  generation. 

§  227.  Collateral  consanguinity  is  the  relationship  between 
persons  having  the  same  ancestry  but  not  the  same  descend- 
ants, like  uncle  and  nephew.  Father,  son  and  grandson  are 
lineal  descendants.  To  descend  from  the  same  father  and 
mother,  same  grandfather  and  grandmother,  is  to  be  of  the 
whole  blood,  but  to  have  the  same  father  and  grandfather, 
but  a  different  mother  or  grandmother,  is  to  be  of  the  half 
blood. 

In  the  civil  law  persons  born  of  the  same  father  and  grand- 
father but  of  different  mothers  or  grandmothers  are  consan- 
guineous children.  Those  born  of  the  same  mother  or  grand- 
mother but  of  a  different  father  are  called  uterine  children. 
The  common  law  follows  the  former,  or  canon  law. 

§  228.  Homesteads. — This  is  a  constitutionally  guaranteed 
right  annexed  to  land  used  as  a  home  exempting  it  from 
sale  under  execution  for  debt  adopted  by  all  the  States  of 
our  Union.  The  homestead  of  a  widow  in  a  flat  building  or 
apartment  house  is  confined  to  the  apartment  occupied  by 
her  as  a  residence.  Provided  it  does  not  exceed  in  value  the 
exemption  allowed  by  statute.26 

To  convey  a  homestead  right  the  deed  and  acknowledg- 
ment must  contain  a  clause  waiving  the  rights  of  homestead.27 

To  create  a  lien  on  a  homestead  estate  of  mortgagor  the 
certificate  of  acknowledgment  must  show  that  the  estate  was 
waived  and  relinquished.28 

§  229.  Joint  tenants  are  where  two  or  more  persons  pur- 
chase lands  and  advance  the  money  in  equal  proportions,  and 
take  a  conveyance  to  them  and  their  heirs.29 

§  230.    Tenants  in  common  are  such  as  hold  lands  and  tene- 

26  Potter   v.    Clapp,    203   111.   592,  27  Ogden  B.  &  L.  Assn.  v.  Mensch, 

citing  Tiernan  v.  Creditors,  62  Cal.  196  111.  554. 

286;  Dyson  v.  Sheley,  11  Mich.  527;  28  Id. 

Bhodes   Pegram   Co.   v.   McCormack,  29  Sugden  's  V.,  p.  698. 
4  Io.  368;   Mayfield  v.  Marsden,  59 
Id.  517. 


86  NOTARIES  PUBLIC. 

ments  by  several  and  distinct  titles  and  not  by  a  joint  title, 
but  occupy  in  common.  The  only  unity  recognized  between 
them  is  that  of  possession. 

§  231.  Easement  is  the  right  which  the  owner  of  a  piece  of 
property  has  in  the  lands  of  another.  It  may  be  a  right  of 
way,  etc. 

§  232.  Emblements  are  the  products  of  the  land,  its  crops, 
etc.,  sown  by  the  tenant. 

§  233.  Boundaries,  highways,  rivers,  creeks. — Boundaries 
are  the  lines  between  estates.  They  may  be  monuments  or 
stones,  trees,  streams  or  certain  objects.  The  line  usually 
extends  to  the  center  of  streams  and  to  the  center  of  a  street 
in  cities  or  roads  in  the  country.  To  the  shore  of  rivers  or 
low  tide  water  of  the  ocean.30 

§  234.  A  lease  at  the  common  law  is  a  grant  or  assurance 
of  a  present  or  future  interest,  for  life,  for  years,  or  at  will, 
in  lands  or  other  property  of  a  demisable  nature,  a  reversion 
being  left  in  the  party  from  whom  the  grant  or  assurance 
proceeds.  A  pecuniary  rent,  or  other  recompense,  though 
not  essential  to  the  contract,  is  usually  reserved,  payable 
yearly,  or  at  other  stated  times  during  the  term.  The  party 
granting  the  lease  is  called  the  lessor;  he  to  whom  it  is 
granted,  the  lessee.  If  the  instrument  be  executed  by  the 
lessee  only,  it  is  not  a  lease.31 

It  is  a  contract  for  the  possession  and  profits  of  lands  and 
tenements,  on  the  one  side,  and  a  recompense  of  rent,  or  other 
income,  on  the  other ;  it  is  a  conveyance  for  life,  or  years,  or  at 
will,  in  consideration  of  a  return  of  rent  or  other  recompense. 
The  peson  letting  the  land  is  called  the  landlord ;  and  the  party 
to  whom  the  lease  is  made,  the  tenant.32  If  made  for  a  term 
of  years,  it  should  be  placed  on  record. 

Facts  sufficient  to  put  a  purchaser  upon  inquiry  are  not 
sufficient  to  affect  him  with  actual  notice  of  an  unrecorded  in- 
strument. The  purchaser  of  property  leased  for  a  term  of  five 
or  seven  years,  where  the  lease  is  not  on  record,  are  not 
sufficient  to  charge  him  with  notice  of  a  lease.33 

30  75   Io.   365 ;    Gould   on   Waters,  32  Jackson   and   others   v.    Harsen, 

3d  ed.  sees.  195,  196,  27;  Elliott  on  7  Cowen  (N.  Y.)  323. 

Beads,  2d  ed.  see.  722.  33  Toupin  v.   Peabody,    162   Mass. 

3i  Piatt  on  Leases,  p.  9.  473. 


CONVEYANCES  AND  ACKNOWLEDGMENTS.  87 

§  235.  Mortgage  is  a  conveyance  by  deed  of  lands  by  a 
debtor  (called  a  mortgagor)  to  his  creditor  (called  a  mort- 
gagee) as  a  pledge  and  security  for  the  payment  of  the 
money  borrowed,  or  the  performance  of  a  covenant,  with  a 
proviso  that  the  conveyance  be  void  on  the  payment  of  the 
money  and  interest  on  a  certain  day,  or  the  performance  of 
the  covenant  by  which  the  conveyance  of  the  land  becomes 
absolute  at  law;  yet  the  mortgagor  has  an  equity  of  redemp- 
tion in  a  reasonable  time  and  to  call  for  a  reconveyance.  A 
note  or  bond  usually  is  given  with  the  mortgage.34  No  par- 
ticular words  are  necessary  to  bind  the  property.35 

A  mortgage  covering  land  worth  excessively  more  than  the 
debt  for  which  it  is  conveyed  shows  fraud.36 

§  236.  Mortgage  limitation. — The  legal  title  of  a  mortgagor 
remains  in  him  until  the  execution  of  a  deed,  although  he  fails 
to  redeem.  A  purchaser  at  a  foreclosure  sale  who  fails  to 
take  out  a  deed  within  the  time  allowed  by  statute  has  no 
rights  which  equity  can  protect,  although  they  may  have  had 
continuous  possession  since  before  the  entry  of  the  foreclosure 
decree.37 

§  237.  Mortgage  warranty. — One  who  transfers  without 
recourse  a  promissory  note,  together  with  a  mortgage  given 
to  secure  it,  thereby  warrants  the  validity  of  the  security.38 

§  238.  Mortgages  as  trust  deeds  are  often  used.  They  are 
made  to  a  third  party,  as  trustee,  with  power  to  sell,  allowing 
attorney's  fees  and  costs,  and  in  many  states  are  considered 
better  than  the  usual  form  of  mortgage. 

Where  a  note  and  trust  deed  bear  endorsements  showing 
that  another  person  than  the  trustee  is  the  legal  holder  of 
the  note,  a  purchaser  from  the  trustee  has  notice  and  is  not 
entitled  to  protection  from  the  holder  of  the  note.39  A  trustee 
named  in  a  deed  of  trust  is  incompetent  to  take  the  acknowl- 
edgment of  the  grantor.40 

siBouvier's   Inst.   sec.    884;    Hall  38  Waller  v.  Staples,  107  lo.  738. 

v.  Byrne,  2  111.  142 ;   Keith  v.  Bur-  39  Chicago  T.  &  T.  Co.  v.  Brugger, 

rows,  1  C.  P.  Div.  731.  196  111.  96. 

35  DeLeon  v.  Higuera,  15  Cal.  483.  *°  Kothe    v.     Krag-Reynolds     Co., 

36  Liver  v.  Thielke,  115  Wis.  389.  20  Ind.  App.  293,  citing  Stevens  v. 

37  Bradley  v.  Lightcap,  202  111.  Hampton,  46  Mo.  404;  Taovener  v. 
154.  Barrett,  21  W.  Va.  656. 


88  NOTARIES  PUBLIC. 

§  239.  Mortgage  satisfaction  is  when  it  has  been  paid,  and 
an  entry  to  that  effect  should  be  made  on  the  margin  of  the 
record  in  the  recorder's  office  as  a  public  notice. 

The  performance  of  the  conditions  of  the  mortgage  by  pay- 
ment before  maturity  leaves  the  mortgagee  with  no  estate 
in  or  title  to  the  premises.  It  leaves  the  mortgagor  in  his 
former  estate.41 

§  240.  Mortgage  redemption  is  a  purchase  back,  a  legal 
right  which  the  mortgagor  has  until  a  breach  of  conditions, 
when  it  becomes  an  equitable  right.42  Called  equity  of  re- 
demption. 

A  life  tenant  of  a  portion  of  a  mortgaged  estate  can  re- 
deem his  or  her  portion  by  paying  their  proportionate  amount 
of  the  mortgage  with  proportionate  interest,  if  agreeable  to 
the  mortgagee.43 

Purchaser  at  a  master's  sale  acquires  no  title,  but  merely 
the  right  to  receive  the  redemption  money,  or  a  master's 
deed  in  case  the  property  is  not  redeemed.44 

§  241.  Mortgage  foreclosure  is  a  proceeding  in  chancery 
by  the  creditor,  when  the  mortgagor  has  forfeited  his  estate 
by  non-payment  of  the  money  due  on  the  mortgage.  After 
the  proceeding  has  begun  a  statutory  period  is  allowed  for 
redemption  before  a  deed  is  issued  by  the  Master  in  Chancery. 

A  mortgagor  has  not,  as  matter  of  law,  a  right  to  redeem 
after  a  foreclosure  sale  and  before  the  conveyances  are  exe- 
cuted to  carry  it  out.  A  bill  to  redeem  cannot  interrupt  the 
mortgagee's  rights  to  proceed  to  conclude  the  mortgagee's 
rights,  unless  the  amount  due  is  paid  into  court,  or  an  injunc- 
tion issues.45 

§  242.  Assignment  is  the  transfer  of  the  interest  one  has 
in  lands  and  tenements.  It  may  be  an  unexpired  lease,  a 
mortgage,  judgment,  etc. 

§  243.  Mortgage  discharge  is  to  set  free,  or  release  by  pay- 
ment of  the  mortgage. 

§  244.  Release  is  a  discharge  of  a  right  of  action,  which  the 
releasor  has  against  the  releasee.     The  operative  words  are : 

4i  Flye  v.  Berry,  181  Mass.  442.  44  Strauss  v.  Tuckhorn,  200  111.  75. 

42  Bouvier.  45  Brown  v.  Wentworth,  181  Mass. 

43  Kerse  v.  Miller,  169  Mass.  44.        49. 


CONVEYANCES   AND  ACKNOWLEDGMEM'S.  09 

remised,  released  and  forever  quit  claimed.46    It  may  be  a  re- 
lease of  dower,  of  land  by  quit  claim,  or  release  of  mortgage. 

§  245.  Defeasance  is  an  instrument  -which  defeats  the  force 
or  operation  of  some  other  instrument,  or  deed,  or  estate. 
That  which  in  the  same  deed  is  called  a  condition  in  another 
is  called  a  defeasance.47 

§  246.  A  will  is  the  legal  declaration  of  a  man's  intentions 
of  what  he  wills  to  be  performed  after  his  death.  When  upon 
personal  property  it  is  simply  a  will  or  testament.  When 
upon  real  property  it  is  a  devise.  The  word  devise  sometimes 
signifies  the  estate  given  by  th<j  will  and  not  the  will  itself.48 
It  must  be  written  on  paper  or  parchment  and  published  as 
the  last  will.  All  erasures  and  alterations  must  be  explained 
in  it.    Must  be  on  one  sheet  or  attached  firmly. 

A  codicil  is  a  clause  added  to  the  will  after  its  execution; 
the  purpose  of  which  usually  is  to  alter,  enlarge  or  restrain  the 
provisions  of  the  will,  or  to   explain,  confirm  and  republish 

it.47% 

§  247.  What  may  be  devised. — Any  lands,  tenements,  and 
hereditaments,  and  personal  estate  owned  by  the  testator. 

Who  can  devise. — Any  person  of  sound  mind,  of  full  legal 
age,  capable  of  executing  a  valid  contract. 

Form. — Must  be  in  writing,  signed  and  dated  by  the  testator, 
or  by  some  one  in  his  presence  and  by  his  express  direction. 
Attested  and  subscribed  to  by  credible  witnesses  (according 
to  State  statute)  and  in  the  presence  of  the  testator  and  each 
other.  No  witness  should  be  made  a  devisee.  Changes  or  revo- 
cation can  only  be  made  by  codicil  or  some  other  will  executed 
in  same  manner. 

A  will  cannot  be  corrected  or  reformed  by  a  court  of  chan- 
cery. They  have  no  power.  The  intention,  which  is  to  be 
sought  for  in  the  construction  of  a  will,  is  not  that  which 
is  expressed  in  the  mind  of  the  testator,  but  that  which  is 
expressed  by  the  language  of  the  will.49 

Compliance  with  the  statute  is  all  that  is  required.     The 

*6Bouvier's  Inst.  sec.  2066.  *8Bouvier's  Inst.  sec.  2101. 

"Bouvier's  Inst.  sec.  2071.  *»  Engelthaler  v.  Engelthaler,  196 

4?y2Lamb  v.  Lamb,  11  Pick  371.         111.  230. 


90  NOTABLES  PUBLIC. 

testator  may  sign  by  a  mark  if  he  cannot  write  his  name.    It  is 
not  necessary  that  subscribing  witnesses  sign  for  him.50 

Beneficiaries  and  trustees  under  a  will  are  prohibited  from 
testifying  in  its  favor  as  against  the  heirs  at  law  who  are 
contesting  it.51 

§  248.  Holographic  will  is  one  written  entirely  by  the  tes- 
tator, generally  called  "olographic." 

§  249.  A  nuncupative  will  is  an  oral  declaration  by  the 
testator,  made  before  competent  witnesses,  declaring  his  wishes 
regarding  the  disposal  of  his  property. 

§  250.  An  olographic  will  is  derived  from  the  civil  law. 
It  must  be  entirely  written,  dated  and  signed  by  the  testator 
himself.  No  witnesses  are  necessary  and  it  may  be  made 
anywhere.  It  is  quite  common  in  Louisiana  and  Spanish- 
American  countries. 

§  251.  Will  witnesses.— In  the  absence  of  any  evidence  of 
fraud,  compulsion,  or  other  improper  conduct,  a  will  may  be 
signed  by  witnesses  some  distance  away  from  the  testator 
but  within  his  sight.  Soundness  of  mind  is  presumed  unless 
sufficient  evidence  is  established  to  prove  otherwise.52 

The  requirement  of  the  statutes  must  be  complied  with 
regarding  the  witnesses  to  a  will  signing  the  same  in  the  pres- 
ence of  the  testator.53 

§  252.  An  executor  or  executrix  is  appointed  by  the  testator 
in  his  will  to  manage  the  estate. 

§  253.  Legatees  are  the  persons  mentioned  in  the  will  to 
whom  bequests  or  devises  are  given. 

§  254.  Probate  of  a  will  is  the  proof  made  before  a  court 
or  an  officer  appointed  by  law  that  the  instrument  offered  is 
the  last  will  and  testament  of  the  testator;  upon  sufficient 
proof,  and  security  given,  the  officer  issues  letters  testament- 
ary. 

§  255.  An  administrator  or  administratrix  is  appointed  by 
the  court  to  manage  the  estate. 

bo  Scott  v.  Hawk,  107  Io.  723.  53  Mendell   v.   Dunbar,    169   Mass. 

5i  In  re  Tobin,  196  111.  484.  74. 

52  In  re  Tobin,  196  111.  484. 


CONVEYANCES  AND   ACKNOWLEDGMENTS.  91 

§  256.  Lien  is  every  case  in  which  real  or  personal  prop- 
erty is  charged  with  the  payment  of  any  debt  or  duty,  and 
the  right  of  detaining  it  until  the  claim  is  satisfied.54  Taxes, 
dower,  curtesy,  leases,  mechanics'  liens,  mortgages  and  judg- 
ments are  all  liens  on  real  estate. 

A  lien  is  not  a  property  in  the  thing  itself,  nor  does  it  con- 
stitute a  mere  right  of  action  for  the  thing.  It  more  properly 
constitutes  a  charge  upon  the  thing.  It  is  an  equitable  right 
creditors  have  upon  the  property  of  the  debtor.  A  creditor 
at  large  cannot  enforce  the  liability  without  a  preliminary 
judgment  and  execution.55 

§257.  Mechanic's  liens  are  statutory  liens  permitted  in 
every  State  of  the  Union  for  the  recovery  of  money  due  for 
labor  performed,  or  material  furnished  on  land,  mines,  vessels 
or  buildings  by  contractors  or  material  men  and  laborers  for 
the  owner  or  tenant  of  the  property.  When  the  work  is 
finished  and  the  payment,  or  any  part  of  it,  is  refused,  the 
claim  must  be  filed  within  a  statutory  period  with  an  officer 
of  the  law,  usually  the  county  clerk.  A  stated  time  is  allowed 
for  the  payment,  when  suit  can  be  instituted.  After  judgment 
it  remains  a  lien  until  satisfied  unless  barred  by  statutory 
limitations.  It  may  attach  to  an  equitable  interest  in  real 
property,  and  when  foreclosed  the  decree  is  a  lien  thereon.56 

§  258.  Tax  is  the  contribution  imposed  by  the  government 
for  the  service  of  the  State.57 

§  259.  Tax  sales  are  sales  of  the  property  of  the  owner 
for  non-payment  of  taxes  due  the  State.  They  are  allowed  to 
run  for  a  certain  period,  then  become  forfeited  for  non-pay- 
ment and  are  sold  at  auction  to  the  highest  bidder.  After  a 
given  period,  if  still  unpaid,  or  redeemed,  a  tax  deed  is  issued 
to  the  purchaser,  which  bars  the  owner's  recovery. 

§  260.  Judgment  is  the  conclusion  that  naturally  and  reg- 
ularly follows  from  the  premises  of  law  and  fact,  and  depends 
not,  therefore,  on  the  arbitrary  caprice  of  the  judges,  but  on 
the  settled  and  invariable  principles  of  justice.58. 

5*  Bouvier's  Inst.  sec.  2517.  56  Sheppard  v.  Messenger,  107  Io. 

55  Ocean  Nat.  Bk.  v.  Ocott,  46  N.     717. 
Y.  12.  "  Bouvier. 

58  In  re  Sidgeley  Avel.  88  Pa.  509. 


92  NOTARIES  PUBLIC. 

A  judgment  in  the  legal  acceptation  is  the  determination 
of  some  judicial  tribunal  created  by  law  for  the  administra- 
tion of  public  justice,  according  to  law,  and  is  in  strictness 
the  determination  of  the  law.59 

Judgments  are  the  final  decisions  of  the  courts  of  law 
awarding  the  amount  to  be  paid  by  the  debtor.  They  are  a 
lien  upon  the  properties  of  the  debtor  until  they  are  fully 
satisfied,  or  execution  is  issued.  They  sometimes  are  continued 
for  a  period  of  years.  They  are  entered  in  a  book  of  records 
and  should  be  the  last  thing  examined  in  a  search  for  title.60 

Assignment  of  judgment  transfers  only  an  equitable  title.61 

§  261.  An  execution  is  the  writ  of  the  court  putting  into 
effect  the  judgment. 

Proceedings  for  taking  land  upon  execution  are  strieti  juris, 
and  no  title  passes  unless  the  statute  is  exactly  pursued.62 

§  262.  Judicial  sales  are  made,  under  authority  of  the 
court,  by  its  officer,  sheriff  or  marshall.  The  officer  conveys 
all  the  rights  of  the  defendant  in  the  property  sold.  The 
sale  carries  no  warranty,  and  must  be  confirmed  by  the  court. 
Actions  for  recovery  may  be  instituted  within  a  period  of 
time,  or  the  court,  for  just  reasons,  may  set  the  sale  aside. 

At  judicial  or  sheriffs'  sales  parties  buy  merely  the  interest 
or  judgment,  not  a  title. 

§  263.  Caveat  emptor  applies  to  all  purchases  of  land.  Let 
the  purchaser  beware.  Applies  particularly  to  purchasers  at 
judicial  sales. 

§  264.  Action  for  recovery  is  a  common  law  right  recog- 
nized by  every  State  in  the  Union  (Louisiana  excepted),  allow- 
ing a  limited  time  for  the  restoration  of  a  former  right.63 

§  265.  Statute  of  limitation. — The  time  allowed  by  statute 
for  beginning  an  action  for  recovery,  instituting  a  suit,  or 
executing  a  judgment,  etc. 

One  having  title  to  land  under  a  statute  of  limitation  may 

so  Blood  v.  Bates,  31  Vt.  147.  62  Schroeder      v.      Tomlinson,      70 

603  Green   (N.  J.)   383;   10  Wen-     Conn.  348. 
dell  (N.  Y.)  44.  63  Bouvier  cites  3   Murp.    (N.  C.) 

ei  Schmidt  v.  Shaver,  196  111.  108.      169;   4  Wheaton  122;  14  N.  Y.  16; 

5  Mete.  168. 


CONVEYANCES   AND   ACKNOWLEDGMENTS.  93 

maintain  an  action  against  one  who  has  lost  title  to  it  by  the 
same  statute.64 

Undisputed  possession  for  more  than  twenty  years  under 
written  conveyance  gives  exclusive  ownership  adverse  to  all 
the  world.65  If  a  land  owner  permits  the  owner  of  adjoin- 
ing land,  in  fencing  his  land,  to  enclose  a  portion  of  his  land, 
and  keep  the  same,  claiming  title  coextensive  with  the  enclos- 
ure for  twenty  years,  the  bar  of  the  Statute  of  Limitation 
will  be  applied.66 

§  266.  Bill  of  sale  of  personal  property  made  by  a  husband 
to  his  wife,  while  living  together,  and  acknowledged  before  a 
notary,  is  void.67 

§  266^2-  Conditional  sale  is  one  in  which  the  transfer  of 
title  of  the  estate  is  made  to  depend  upon  the  performance  of 
certain  conditions. 

§  267.     Coverture  is  the  state  of  a  married  woman. 
Femme  sole  is  an  unmarried  woman. 

§  268.  Equity  is  natural  justice.  It  supposes  that  done 
which  should  be  done.     It  follows  the  law. 

The  courts  of  law  are  limited  to  the  rules  of  law,  relief 
from  which  are  obtained  through  equity  courts. 

§  269.  Lis  pendens  are  suits  pending.  They  are  liens  on 
lands  of  the  plaintiff  until  the  final  decision  of  the  court  where 
the  case  is  pending. 

§  270.     Waiver  is  the  relinquishment  of  a  right. 

§  271.  An  abstract  of  title  is  a  brief  statement,  or  history, 
of  every  fact  of  transfer  or  lien  connected  with  the  property, 
gleaned  from  the  public  records  and  such  outside  sources 
accessible.  Arranged  chronologically,  stated  concisely  and 
clearly.  A  plat  of  the  land  should  first  be  made.  Begin  from 
the  government  or  first  grant. 

The  vendor  prepares   and   pays   for  the   abstract   and   the 


e*  Bradley    v.    Lightcap,    202    111.  66  O  'Flaherty    v.    Mann,    196    111. 

154.  304. 

06  Gilman  v.  Brown,  115  Wis.  1.  67  Holtzinger    v.    Gilbert,    62    111. 

App.  96. 


94  NOTARIES  PUBLIC. 

purchaser  has  his  lawyer  examine  the  titles.     Most  abstracts 
are  now  prepared  by  abstract  companies. 

No  one  is  bound  to  accept  or  give  an  indemnity  for  a  defect- 
ive or  incumbered  title,  and  it  should  be  refused.68 

§  272.  Surveys. — The  United  States  government  surveys 
are  uniform  and  are  done  under  what  is  known  as  the  "rect- 
angular system."  Certain  east  and  west  lines  run  with  the 
parallels  of  latitude  and  the  north  and  south  township  lines 
with  the  meridians.  The  system  provided  for  sales  in  sections 
of  640  acres,  one  mile  square,  quarter  sections  of  160  acres, 
or  quarter  quarter  sections  of  40  acres.  To  secruity  certainty 
and  brievity  of  description,  24  initial  points  on  the  intersection 
of  the  principal  bases  with  surveying  meridians  have  been 
used.  From  the  principal  bases,  townships  of  six  miles  square 
are  run  out  and  established  with  regular  series  of  numbers 
counting  north  and  south  thereof,  and  from  the  surveying 
meridians  a  like  series  of  ranges  are  numbered,  both  east  and 
west  of  the  principal  meridians.  In  order  to  correct  inac- 
curacies that  would  otherwise  arise  from  the  convergency  of 
meridians  as  they  run  to  the  north  pole,  and  to  check  errors 
arising  from  inaccuracies  in  measurements  on  meridian  lines, 
standard  parallels  or  correction  lines  are  run  and  marked  at 
every  four  townships  or  twenty-four  miles  north  of  the  base, 
and  at  every  five  townships,  or  thirty  miles  south  of  the  same. 
Guide  meridians  are  next  surveyed  at  intervals  of  eight  ranges, 
or  forty-eight  miles,  east  and  west  of  the  principal  meridian, 
starting  north  of  the  base  line  in  the  first  instance  from  the 
line  and  closing  on  the  first  standard  north,  then  starting  from 
the  first  standard  and  closing  on  the  second  standard  north, 
and  so  on.  South  of  the  base  line,  the  guide  meridians  start 
from  the  first  standard  south,  and  close  on  the  base  line ;  then 
starting  from  the  second  standard,  and  closing  on  the  first 
standard,  and  again  starting  from  the  third  standard  and 
closing  on  the  second,  and  so  on.  The  closing  corners  on  the 
base  line  and  standard  parallels  are  established  at  the  inter- 
section of  the  meridianal  lines  therewith,  thus,  owing  to  the 
convergency  of  meridians,  occasioning  a  double  set  of  corners 
in  those  lines  which  are  designated  as  "standard  corners"  and 

«sBispham  Pr.  Eq.  sec.  378,  379;  Woodford  v.  Leavenworth,  14  Ind. 
314. 


CONVEYANCES   AND   ACKNOWLEDGMENTS. 


95 


''closing  corners."  The  parallelograms  thus  formed  constitute 
the  framework  of  the  rectangular  system  (except  in  California 
and  Oregon,  where  it  is  otherwise  by  some  mistake  of  the 
original  surveyor).  These  parallelograms  are  each  subdivided 
into  townships  six  miles  square,  containing  about  23,040  acres. 
Each  township  is  subdivided  into  36  sections  of  one  mile  square, 
each  containing,  as  near  as  possible,  640  acres.  These  are 
subdivided  into  quarter  sections  of  160  acres,  and  these  into 
quarter  quarter  sections  of  40  acres.  A  tier  of  townships  run- 
ning north  and  south  is  called  a  range,  and  each  range  is 
numbered  as  it  is  east  or  west  of  the  principal  meridian. 
Each  township  is  also  numbered  as  it  is  north  or  south  of  the 
base  line.  The  townships  are  marked  by  wooden  posts  four 
inches  square  standing  two  feet  deep  and  two  feet  above  the 
ground,  marked  facing  the  township.  The  sections  are 
marked  with  their  numbers  facing  it  with  its  township  and 
range.  Each  quarter-section  or  half-mile  post  has  on  it  *4  S., 
to  indicate  what  it  stands  for.  The  township  corner-posts  are 
notched  with  six  notches  on  each  of  its  four  angles.  All  mile 
posts  on  township  lines  have  as  many  notches  on  two  opposite 
angles  as  they  are  miles  distant  from  the  township  corners. 


Township Range. . 


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96  NOTARIES  PUBLIC. 

§  273.  To  examine  a  title. — Search  County  Register's  or  Re- 
corder's office  for — Deeds,  mortgages,  agreements,  powers  of 
attorney,  assignments  of  mortgages,  leases,  trusts  by  deed,  col- 
lector's satisfaction  piece  (suit  upon  same  limited  to  three  years 
after  record),  surveys. 

Search  County  Clerk's  office  for — Taxes  forfeited,  bonds  of 
tax  collector. 

Search  County  Treasurer's  office  for — Taxes  not  delinquent, 
inheritance  taxes,  special  assessments,  bonds  of  collectors  of 
taxes. 

Search  County  or  Probate  Courts  for — Deceased  estates, 
deeds  with  defeasances,  wills,  trusts,  insolvent  assignments. 

Search  various  courts  for — Judgments,  notices  of  lis  pen- 
dens, assignments  of  judgments,  foreclosures,  receivers,  for- 
feited recognizances,  executions,  mechanic's  liens  (county  or 
circuit). 

Search  Circuit  Court  for — Mechanic's  liens. 

Search  Sheriff 's  office  for — Executions,  sales. 

Search  Criminal  Court's  office  for — Fines,  etc. 

Search  U.  S.  C.  C.  A.,  Circuit  and  District  Courts  for — Judg- 
ments and  decrees,  criminal  fines  and  judgments,  petitions  in 
bankruptcy. 

Search  U.  S.  Marshall's  office  for — Sales. 

Search  City  and  Village  Treasurer's  offices  for — Special  as- 
sessments. 

Search  City  or  Village  Clerk's  office  for — Water  taxes. 

STATUTORY    REQUIREMENTS. 

§274.  Alabama— ACKNOWLEDGMENTS— IN  THE  STATE— Be- 
fore whom  taken.  Judges  of  the  Supreme  and  Circuit  Courts,  Clerks  of 
such  courts,  chancellors,  registers  in  chancery,  probate  judges,  justices 
of  the  peace,  notaries.  OUTSIDE  THE  STATE— Federal  judges  and 
clerks,  judges  of  courts  of  record,  notaries,  commissioners.  OUTSIDE 
THE  U.  S. — Judges  of  courts  of  record,  mayors,  chief  magistrate  of  any 
city,  town,  borough,  or  county,  notaries,  any  diplomatic,  consular  or 
commercial  agent  of  the  United  States.  PERSONALLY  KNOWN— 
Must  be  personally  known  or  proved  to  the  officer.  WITNESSES — Two 
if  not  acknowledged;  two  to  a  will.  PRIVATE  SEALS  are  abolished. 
WOMAN— Age  18,  convey.  SEPARATE  EXAMINATION  of  wife  re- 
quired. DOWER — Released  by  joining  with  husband  or  by  power  of 
attorney.  Waiver  of  homestead — Separate  instrument  attested  by  one 
witness.       POWER     OF    ATTORNEY — Acknowledged    same    as    deeds. 


CONVEYANCES   AND  ACKNOWLEDGMENTS.  97 

LIMITATION — Of  action  to  recover  land,  10  years;  of  redemption  of 
mortgage,  two  years;  of  tax  sale  redemption,  two  years;  mechanic's  lien, 
six  months;  judgment  liens,  two  years.  Judgment  liens  limited  to  ten 
years.  Kecord  of  deeds  in  twelve  months.  Trust  deeds  permitted  when 
legal  title  rests  in  the  trustee. 

§275.  Alaska— ACKNOWLEDGMENTS  TAKEN  IN  THE  TERRI- 
TORY— Before  any  judge,  clerk  of  the  district  court,  notary,  or  com- 
missioner, within  the  district.  Officer  must  endorse  his  certificate  and 
date  thereon.  OUTSIDE  THE  TERRITORY— IN  THE  U.  S—  Taken 
before  a  judge  of  a  court  of  record,  justice  of  the  peace,  notary,  or 
other  officer  authorized  by  the  State  or  Territory  to  take  acknowledg- 
ments, or  before  a  commissioner  appointed  for  such  purpose.  Unless 
taken  before  a  commissioner  appointed  for  such  purpose  or  before  a 
notary,  certified  under  his  notarial  seal,  or  before  a  clerk  of  a  court  of 
record,  certified  under  the  court's  seal,  such  deed  must  have  attached 
the  certificate  of  the  clerk  or  proper  officer  of  court  of  record  of 
the  district  or  county,  with  seal  of  office  stating  that  the  officer  taking 
was  so  authorized  and  that  he  believes  the  signature  of  such  person 
genuine  and  that  the  deed  is  executed  according  to  the  laws  of  such 
State  or  Territory.  IN  FOREIGN  COUNTRIES— Taken  according  to 
the  laws  of  the  country  before  a  notary,  minister  plenipotentiary,  min- 
ister extraordinary,  minister  resident,  charge  d'affaires,  commissioner 
or  consul  of  the  United  States  appointed  to  reside  there,  the  officer's 
certificate  to  be  thereon,  and,  if  a  notary,  his  certificate  and  seal. 
MARRIED  WOMEN  in  the  district  must  join  with  her  husband  in  a 
conveyance  and  acknowledge  that  she  executes  it  freely  and  voluntarily. 
If  she  resides  outside  the  district  her  acknowledgment  may  be  the  same 
as  if  she  were  sole.  PARTIES  acknowledging  must  be  personally  known 
to  the  officer.  WITNESSES— Two  to  deeds  and  wills  required.  PROOF 
of  the  execution  of  any  conveyance  may  be  made  before  any  officer 
authorized  to  take  acknowledgments  of  deeds,  by  a  subscribing  witness 
who  knew  the  parties.  Witness  must  sign  name  and  residence  and  be 
personally  known  or  identified  to  the  officer  taking.  CURTESY  and 
DOWER,  one-third  for  life.  AGE  TO  CONVEY— Majority,  or  when  mar- 
ried. SEAL  required.  Redemption  of  mortgage,  any  time  before  sale 
or  twelve  months  after.  Mechanic 's  lien  foreclosed  in  six  months. 
Witnesses  to  a  will,  two. 

§  276.  Arizona— ACKNOWLEDGMENTS  TAKEN  IN  THE  STATE 
BY — Clerk  of  Court  having  a  seal,  notary,  county  recorder,  justice  of 
the  peace.  OUT  OF  THE  STATE  BY— Clerk  of  a  court  of  record  having 
a  seal,  commissioner  of  deeds  appointed  by  the  Governor  of  this  State, 
or  a  notary  public.  OUT  OF  THE  U.  S.  BY — A  minister,  commissioner, 
or  charge  d'affaires  of  the  United  States  resident  and  accredited  where 
the  acknowledgment  is  made.  A  consul  general,  consul,  vice-consul, 
commercial  agent,  vice-commercial  agent,  deputy  consul,  or  consular 
agent  of  the  United  States  resident  in  the  country  where  the  acknowl- 
edgment is  made,  or  notary  public.  MUST  APPEAR  BEFORE  and  be 
known  to  the  notary  or  his  identity  sufficienly  substantiated  by  credible 
witnesses.  WITNESSES — No  witnesses  are  required  to  a  deed;  two 
7 


98  NOTARIES  PUBLIC. 

to  wills.  Dower  and  curtesy  do  not  exist.  Community  property.  PRI- 
VATE SEALS  are  abolished  except  those  of  corporations.  AGE  TO 
CONVEY — Married  woman  17  years  of  age.  A  MARRIED  WOMAN'S 
CONVEYANCE  of  homestead  must  join  husband  and  separately  acknowl- 
edge. Conveyance  of  her  separate  property  may  be  acknowledged  in  the 
same  manner  as  if  she  were  a  femme  sole.  POWER  OF  ATTORNEY— To 
convey  lands,  must  be  signed,  sealed,  acknowledged  and  recorded.  ACTION 
to  recover  land  when  right  exists,  limited  to  ten  years;  under  color  of 
title,  three  years;  when  cultivated  and  having  deed,  five  years.  MORT- 
GAGE REDEMPTION  limited  to  nine  months.  MECHANIC'S  LIEN 
to  be  filed  in  ninety  days.  Creditor  has  nine  months  after  to  redeem. 
REDEMPTION  OF  JUDGMENTS,  nine  months.  REDEMPTION  OF 
TAX  SALE,  twelve  months.  Judgment  liens  limited  to  five  years. 
Homestead  exemption,  $2,500.  Trust  deeds  permitted  as  mortgages. 
Deeds  must  be  recorded  to  have  effect. 

§277.  Arkansas— ACKNOWLEDGMENTS  IN  THE  STATE  taken 
by  the  Supreme,  Circuit  Court,  any  of  the  judges  of  same,  clerk  of  any 
court  of  record,  justice  of  the  peace,  or  notary.  Must  be  under  officer's 
seal.  WITHOUT  THE  STATE— By  any  United  States  court,  any  State 
court  having  a  seal,  the  clerk  of  any  such  courts,  notary,  mayor  of  any 
city  or  town,  or  the  chief  town  officer  having  a  seal  of  office,  a  com- 
missioner appointed  by  the  Governor  of  this  State,  the  clerk  of  any 
court  of  record  of  the  Indian  country  having  attached  his  seal  of  office. 
Officer's  seal  must  be  attached.  WITHOUT  THE  UNITED  STATES— 
Before  any  court  of  any  State,  kingdom  or  empire  having  a  seal,  mayor, 
chief  officer  of  any  town  or  city  having  an  official  seal,  any  officer 
authorized  by  such  country  to  take  probate  of  the  conveyance  of  real 
estate  of  his  country,  if  he  has  an  official  seal.  Officer's  seal  must  be 
attached.  PERSONALLY  known  or  identity  proved  is  required.  WIT- 
NESSES— Two  to  a  will;  two  to  a  deed.  PRIVATE  seals  are  abolished. 
WOMAN'S  age  to  convey,  18.  Woman's  separate  examination — Yes, 
must  be  voluntary.  DOWER,  one-third  relinquished  by  joining  the  hus- 
band. CURTESY— Yes,  as  at  common  law.  HOMESTEAD— Exemption, 
$2,500.  Wife  to  join  husband  in  conveyance.  POWER  OF  ATTORNEY 
to  transfer  must  be  acknowledged  and  recorded.  ACTION  for  recovery 
of  land  limited  to  seven  years  or  three  years  after  legal  age.  MORT- 
GAGE redemption  limited  to  when  due.  Tax  sale  redemption  limited 
to  two  years.  Judgment  under  execution  redemption  limited  to  twelve 
months.  Mechanic 's  liens  to  be  filed  in  sixty  days.  Judgment  liens  are 
limited  to  ten  years.  DEEDS  take  effect  from  time  of  filing.  Trust 
deeds  used. 

§  278.  California— ACKNOWLEDGMENTS  taken  at  any  place  in 
this  State,  by  a  justice  or  clerk  of  the  Supreme  Court,  or  judge  of  the 
Superior  Court  anywhere  in  State;  within  the  city,  county  or  district 
for  which  the  officer  was  elected  or  appointed  by;  a  clerk  of  a  court 
of  record;  a  county  recorder,  court  commissioner;  a  notary  public;  a 
justice  of  the  peace.  Without  the  State,  but  within  the  United  States, 
it  may  be  taken  by  a  justice,  judge  or  clerk  of  any  court  of  record  of 
the  United  States;    a  justice,  judge  or  clerk  of  any  court  of  record  of 


CONVEYANCES  AND  ACKNOWLEDGMENTS.        99 

any  State;  a  commissioner  appointed  by  the  Governor  of  this  State  for 
that  purpose;  a  notary  public  or  any  officer  authorized  by  the  State 
where  the  acknowledgment  is  taken.  Each  are  confined  to  their  juris- 
diction. To  be  taken  outside  of  the  United  States,  can  be  taken  by  a 
minister,  commissioner,  or  charge  d'affaires  of  the  United  States,  resi- 
dent and  accredited  in  the  country  where  the  acknowledgment  is  taken; 
by  a  consul,  vice-consul  or  consular  agent,  judge  of  court  of  record, 
residents  of  the  country  where  taken,  or  commissioners  appointed  by 
the  Governor  of  the  State,  or  a  notary  public  or  their  deputy  if  so 
authorized.  PERSONALLY  known  or  identified  to  officer  on  the  oath 
or  affirmation  of  a  credible  witness  is  required.  Officers  taking  must 
affix  their  signatures,  name  of  their  office  and  their  seals  of  office  if 
their  State  or  country  authorize  them  to  have  a  seal.  DEFECTIVE 
CERTIFICATION  may  be  corrected  by  action  of  any  interested  party 
through  the  District  Court.  WITNESSES  not  required  to  deed;  two  to 
a  will.  PRIVATE  SEALS  are  abolished.  A  MARRIED  WOMAN'S 
conveyance  has  the  same  effect  as  if  she  were  unmarried,  but  has  no 
validity  until  acknowledged.  DOWER  and  CURTESY  do  not  exist. 
HOMESTEAD — Exemption,  $5,000.  Wife  and  husband  join  in  conveying. 
POWER  of  attorney  to  convey  property  must  be  acknowledged  and 
signed  same  as  a  deed.  ACTION  to  recover  land  limited  to  five  years. 
COMMUNITY  INTEREST  in  property  exists.  MORTGAGE  redemp- 
tion limited  to  five  years.  TAX  SALE  redemption  limited  to  twelve 
months.  MECHANIC'S  LIENS  to  be  filed  in  ninety  days.  Suit  to 
begin  in  ninety  days  after.  Limit  of  claim,  two  years.  JUDGMENT 
redemption,  twelve  months;  limit  of  lien,  five  years.  TRUST  DEEDS 
used  as  mortgages.     DEEDS  take  effect  when  recorded. 

§279.  Colorado— ACKNOWLEDGMENTS— Who  may  take  in  the 
State — County  judges  in  their  county,  clerks  of  United  States  Circuit 
and  District  Courts,  or  his  deputy,  under  the  seal  of  the  court;  any 
judge  of  a  court  of  record;  any  clerk  of  such  court,  or  the  deputy  of 
the  clerk,  judge  or  deputy  clerk,  county  clerk,  county  recorder,  or  their 
deputy,  under  seal  of  the  court;  justice  of  the  peace,  provided,  if  the 
property  lies  out  of  his  jurisdiction  he  shall  have  attached  the  certificate 
of  the  county  clerk  and  county  recorder  of  the  proper  county  as  to  his 
official  capacity  and  authenticating  his  signature;  any  notary  public 
under  his  official  seal.  Outside  the  State,  before  Secretary  of  any  State 
or  territory  under  State  seal;  clerk  of  any  court  of  record  under  court 
seal;  notary  public  under  his  official  seal;  commissioner  of  deeds  appointed 
under  the  laws  of  this  State,  under  his  hand  and  official  seal;  any 
officer  of  that  State  so  authorized  to  act,  with  the  certificate  of  the 
clerk  of  some  court  of  record  of  his  county,  city  or  district,  that  he  has 
such  authority.  Outside  the  United  States — Any  foreign  court  of  record 
having  a  seal  with  the  judge's  certificate;  any  mayor  or  chief  officer  of 
any  city  or  town  having  a  seal;  United  States  consul,  resident.  All 
under  seal.  May  be  in  the  language  of  the  country  and  translated  by 
one  learned  in  the  language  attached  to  the  instrument,  sworn  and  sub- 
scribed to  by  the  translator  before  a  proper  officer  as  a  true  translation. 
PERSONALLY  KNOWN  to  the  officer,  or  their  identity  proved  by  at 


100  NOTARIES  PUBLIC. 

least  one  credible  witness  known  to  the  officer.  Not  necessary  to  state 
such  fact  in  the  certificate,  except  conveyance  or  mortgage  of  home- 
stead. WITNESSES  not  required  to  deeds;  two  to  a  will.  PRIVATE 
SEALS  are  abolished.  WOMAN— Age  to  convey,  18.  SEPARATE 
examination  not  required.  DOWER  AND  CURTESY— Abolished 
HOMESTEAD  exemption,  $2,000.  Wife  must  join  and  be  examined  sepa- 
rate and  apart,  and  state  that  she  freely  and  voluntarily  acts  in  signing 
and  acknowledging.  Officer  to  fully  apprise  her  of  her  rights  and  the 
effect  of  signing.  POWER  OF  ATTORNEY— Conveyances  can  be  made 
when  executed  same  as  by  deed.  ACTION  to  recover  land  limited  to 
twenty  years.  JUDGMENT  liens  limited  to  six  years.  Execution  limited 
to  twenty  years.  MECHANIC'S  LIENS  limited  to  six  months.  MORT- 
GAGE redemption,  six  months.  Creditors'  redemption,  nine  months. 
TAX  REDEMPTION,  three  years.  Recovery  of  land,  five  years.  Insane 
and  minors,  one  year  after  removal  of  disability. 

§280.  Connecticut— ACKNOWLEDGED— If  in  this  State,  before  a 
judge  of  a  court  of  record  of  this  State  or  of  the  United  States;  a  clerk 
of  the  Superior  Court,  Court  of  Common  Pleas,  or  District  Court,  justice 
of  the  peace,  commissioner  of  the  school  fund,  commissioner  of  the 
Superior  Court,  notary  public,  either  with  or  without  his  official  seal, 
town  clerk  or  his  assistant.  In  any  other  State,  etc.,  before  a  com- 
missioner appointed  by  the  Governor  of  this  State,  residing  there,  or  any 
officer  authorized  by  that  State  to  act.  In  any  other  country,  before  a 
consul  of  the  United  States,  notary,  or  justice  of  the  peace,  within  their 
jurisdiction.  CONVEYANCE  to  be  in  writing  and  to  be  free  act  and 
deed  of  grantor.  Signed  with  his  own  hand  or  mark.  PERSONALLY 
known — No,  but  must  personally  appear.  WITNESSES — Two  required 
to  deeds;  three  to  wills.  PRIVATE  SEALS— L.  S.  or  scroll  required. 
WOMAN — Can  convey  as  if  unmarried;  separate  examination  not  re- 
quired. DOWER— One-third  for  life.  POWER  OF  ATTORNEY— Hus- 
band and  wife  can  convey  by,  without  joinder.  DEEDS  take  effect 
when  recorded.  Corporation  deeds  require  two  witnesses.  MORTGAGE 
redemption  awarded  by  court.  MECHANIC'S  LIEN  suit  limited  to  two 
years'  time.  TAX  redemption  limited  to  one  year.  JUDGMENT 
redemption  when  due,  runs  four  months.  LEASES  for  more  than  one 
year  must  be  written,  executed,  attested,  acknowledged  and  recorded. 
Statutes  of  uses  remain. 

§281.  Delaware— ACKNOWLEDGMENTS— In  State,  before  the 
Superior  Court,  chancellor  or  any  judge  or  notary  public,  or  before  two 
justices  of  the  peace  for  the  same  county.  Out  of  this  State,  may  be 
made  before  any  consul  general,  consul,  vice-consul,  consular  agent  or 
commercial  agent  of  the  United  States  duly  appointed  in  any  foreign 
country;  before  any  judge  of  any  District  or  Circuit  Court  of  the 
United  States,  or  the  chancellor  or  judge  of  a  court  of  record  of  any 
State,  territory  or  country,  or  the  mayor  or  chief  officer  of  any  city  or 
borough,  certified  to  under  their  hand  and  official  seal,  or  certified  to 
by  any  such  court  or  clerk  thereof  under  the  seal  of  the  court;  any 
commissioner  of  deeds  appointed  by  the  Governor  of  this  State  under 


CONVEYANCES   AND   ACKNOWLEDGMENTS.  101 

his  hand  and  official  seal;  any  notary  public.  PERSONALLY  known, 
or  identification  of  acknowledging  party  required.  WITNESSES — One 
to  a  deed,  two  to  wills.  PRIVATE  SEALS— Scroll  will  answer.  WOMEN 
— 21  years  can  convey  by  joining  husband.  WOMEN,  SEPARATE 
EXAMINATION  OF,  is  required.  DOWER  AND  CURTESY— One-half 
for  life  if  no  children;  one-third  if  there  are  children.  POWER  OF 
ATTORNEY  to  convey  to  be  acknowledged  or  proved  and  recorded 
same  as  a  deed.  Married  women  may  so  convey.  ACTION  for  recovery 
of  lands  limited  to  twenty  years,  or  ten  years  after  the  removal  of  a 
disability.  DEEDS  to  be  recorded  in  three  months.  JUDGMENT 
LIENS  limited  to  ten  years.  MECHANIC 'S  LIENS  to  be  filed  in  ninety 
days.     TAX  REDEMPTION  limited  to  two  years. 

§  282.  District  of  Columbia— ACKNOWLEDGMENTS  may  be  made 
before  any  judge  of  the  District,  United  States  Supreme  Court,  clerk  of 
the  District,  Recorder  of  Deeds,  justice  of  the  peace,  notary  public.  Out- 
side the  district,  within  the  United  States,  before  a  judge  of  a  court  of 
record  and  of  law,  State  Chancellor,  judge  of  Supreme,  Circuit,  U.  S. 
Territories,  justice  of  the  peace,  notary  public.  The  certificate  of  any 
officer  not  having  a  seal  must  be  accompanied  by  a  certificate  of  the 
register,  clerk,  or  other  public  officer  having  cognizance  of  the  fact, 
under  his  official  seal,  that,  at  the  date  of  the  acknowledgment  the 
officer  taking  the  same  was  in  fact  the  officer  he  purported  to  be.  In  a 
foreign  country,  before  any  judge,  notary  public,  secretary  of  legation 
or  consular  officer  of  the  United  States.  If  made  before  any  officer 
other  than  a  secretary  of  legation  or  consular  officer,  the  official  char- 
acter of  the  person  taking  must  be  certified  to  as  above.  FORM — I, 
A.  B.   (give   official  title),  in  and  for   (county,  city  or  parish,   district, 

etc.)  aforesaid,  in  the  State  of  ,  do  hereby  certify  that  C.  D.,  a 

party  to  a  certain  deed,  bearing  date  on  the  day  of  ,  and 

hereto  annexed,  personally  appeared  before  me  in  the  county  (or  city) 
aforesaid,  the  said  C.  D.  being  personally  well  known  to  me  as  (or  proved 
by  the  oaths  of  credible  witnesses  before  me  to  be)  the  person  who 
executed  the  said  deed,  and  acknowledged  the  same  to  be  his  act  and 

deed.     Given  under  my  hand  and  seal  this  day  of  . 

A.  B.  (Seal.) 
PERSONALLY  KNOWN,  or  identified  to  the  officer,  is  required. 
WITNESSES— Two  to  deeds,  two  to  wills.  PRIVATE  SEALS— None 
required.  WOMEN — Married,  may  convey  their  separate  property  as  if 
femme  sole.  SEPARATE  EXAMINATION  OF,  before  signing,  is 
required.  DOWER — Right  exists  and  conveyed  by  joining  husband. 
May  release  it  by  separate  deed.  CURTESY — Exists.  POWER  OF 
ATTORNEY  to  convey  not  allowed.  ACTIONS  for  recovery  of  land 
limited  to  fifteen  years.  ESTATES  limited  to  lives  in  being  and 
twenty-one  years  thereafter.  MECHANIC'S  LIEN  limited  to  one  year, 
suit  to  be  filed  six  months  after  work  done.  JUDGMENT  LIEN  limited 
to  twelve  years. 

§283.  Florida— ACKNOWLEDGMENTS— If  in  this  state,  before 
any  judge,  clerk  or  deputy  clerk  of  any  court  of  record,  notary  public 
or  justice  of  the  peace  of  this  State,  under  their  court  or  official  seal.    In 


1Q2  NOTARIES  PUBLIC. 

another  State,  before  a  commissioner  of  deeds  for  this  State,  a  judge  or 
clerk  of  any  United  States  or  State  court  having  a  seal,  or  before  a 
notary  or  justice  of  the  peace  of  such  State,  having  a  seal.  In  foreign 
countries,  before  any  commissioner  of  deeds  appointed  by  the  Governor 
of  this  State  resident  there,  before  any  notary  having  a  seal,  any  min- 
ister, charge  d'affaires,  consul  general,  consul,  vice-consul,  commercial 
agent  or  vice-commercial  agent  of  the  United  States  appointed  to  reside 
there.  Such  proofs  to  be  under  the  official  seal  of  the  officer.  PERSON- 
ALLY KNOWN,  or  satisfactorily  identified  to  officer,  is  required. 
WITNESSES— Two  required  to  deed,  two  to  wills.  PRIVATE  SEALS 
— Scroll  is  required.  WOMEN — Age  21  years;  married  woman  minor 
can  convey;  her  separate  examination  required,  and  that  she  executed 
it  freely  and  voluntarily  and  without  compulsion,  constraint,  apprehen- 
sion or  fear  of  or  from  her  husband.  This  is  required  in  the  officer's 
certificate.  DOWER — May  be  released  by  joining  husband  in  the 
conveyance.  CURTESY— None.  Spanish  law  preserved.  HOMESTEAD 
— One  hundred  and  sixty  acres  of  land  or  five  acres  in  an  incorporated 
city  or  town  and  $1,000  personalty.  Husband  and  wife  to  join  in  con- 
veyance. POWER  OF  ATTORNEY  to  convey  to  be  acknowledged,  signed 
and  recorded.  Husband  must  join  wife  in  it.  ACTIONS  to  recover 
land  limited  to  seven  years.  JUDGMENT  liens  limited  to  twenty  years. 
MORTGAGE  redemption,  twenty  years.  TAX  redemption,  two  years. 
MECHANIC'S  LIEN— Limitation,  one  year. 

§284.  Georgia— DEEDS  must  be  in  writing.  ACKNOWLEDG- 
MENTS— To  authenticate  the  record  of  a  deed,  if  executed  in  this 
State,  it  must  be  attested  by  a  judge  of  a  court  of  record  of  the  State, 
or  a  justice  of  the  peace,  or  a  notary  public,  or  clerk  of  the  Superior 
Court,  in  the  county  where  the  last  three  hold  their  appointments,  or  if 
subsequent  to  its  execution  the  deed  is  acknowledged  in  the  presence  of 
either  of  the  named  officers,  that  fact,  certified  on  the  deed  by  such 
officer  shall  entitle  it  to  record.  EXECUTED  OUTSIDE  THIS  STATE 
it  must  be  attested  by  or  acknowledged  before  a  commissioner  of  deeds 
for  this  State,  a  consul  or  vice-consul  of  the  United  States,  their  cer- 
tificate under  their  seal  being  sufficient  evidence  of  the  fact;  or  by  a 
judge  of  a  court  of  record  in  the  State  where  executed,  with  a  certificate 
of  the  clerk  under  the  court 's  seal  of  the  genuineness  of  the  judge 's 
signature;  or  by  a  clerk  of  a  court  of  record  under  the  seal  of  the 
court;  or  by  a  notary  public  of  the  State  and  county  where  executed 
with  a  certificate  under  the  court  seal  from  the  clerk  of  the  court  under 
which  the  notary  holds  his  appointment,  or  if  appointed  by  the  Governor, 
then  with  a  certificate  from  the  Secretary  of  State,  certifying  that  said 
notary  was  at  the  time  of  the  execution  of  the  deed  regularly  commis- 
sioned and  authorized  by  law  to  attest  deeds  and  take  acknowledgments 
thereof.  PERSONALLY  known  to  officer,  must  be,  or  identified  to. 
WITNESSES— Two   required   to   deeds   and   three   to   wills.     PRIVATE 

SEALS — Scroll   required.     WOMEN'S  age  to   convey,  ;    must   join 

her  husband  in  conveying  her  interest;  separate  examination  required 
stating  she  joins  with  her  husband  of  her  own  free  will  and  consent, 
without  any  compulsion  or  force  used  by  him  to  oblige  her  to  do  so. 


CONVEYANCES  AND  ACKNOWLEDGMENTS.  103 

DOWER — One-third  for  life.  Transferred  by  joining  husband  in  the  deed. 
CURTESY— None.  HOMESTEAD— Application  to  sell  must  be  made  to 
the  judge  of  the  County  Superior  Court.  POWER  OF  ATTORNEY— 
Wife  may  convey  by.  ACTION  for  recovery  of  land  limited  to  twenty 
years.  DEEDS  first  on  record  take  effect.  ESTATES  tail  limited 
to  lives  in  being.  MORTGAGE  redemption  limited  to  four  months. 
MECHANIC'S  LIEN — Notice  must  be  given  in  thirty  days;  holds  until 
paid.  TAX  redemption  limited  to  one  year.  JUDGMENT  lien  claims 
limited  to  seven  years  in  the  State,  five  years  out  of  State. 

§285.  Hawaiian  Islands— ACKNOWLEDGMENTS  taken  by  Regis- 
ter of  Conveyances  or  his  agent,  judge  of  a  court  of  record,  a  notary  of 
the  Republic.  OUT  OF  THE  COUNTRY— A  minister,  commissioner,  con- 
sul, notary,  judge  of  a  court  of  record.  The  execution  of  a  deed  may  be 
proved  by  subscribing  witness  thereto  before  any  judge  of  a  court  of 
record  of  the  Republic,  should  anything  occur  to  prevent  its  acknowl- 
edgment. PERSONALLY  KNOWN  to  the  officer  taking  is  required  of 
every  grantor  or  proof  of  their  identity  by  a  credible  witness.  Officer 's 
certificate  must  so  state.  DOWER — One-third  fee  simple  exists,  is  re- 
leased by  jointure  or  by  separate  deed.  CURTESY — None.  MARRIED 
woman  to  be  examined  apart  from  her  husband  that  she  signed  without 
compulsion,  fear  or  restraint  from  her  husband.  Women  married  may 
convey  their  property  as  if  sole.  Unmarried  convey  at  18.  WIT- 
NESSES to  prove  a  deed,  none  when  acknowledged.  TO  A  WILL,  two 
required.  ACTION  for  recovery  of  land  limited  to  five  years  after 
removal  of  disability.  Deeds  take  effect  when  recorded.  MORTGAGE 
redemption  when  due.  MECHANIC'S  LIEN — Notice  to  be  filed  with 
Circuit  Court  clerk  in  thirty  days.  JUDGMENT  execution  issues  in  ten 
days.     TAX  redemption  limited  to  one  year. 

§286.  Idaho— ACKNOWLEDGMENTS  may  be  made  anywhere 
within  the  State  before  a  justice  or  clerk  of  the  Supreme  Court.  Within 
the  city,  county  or  district,  before  a  judge  or  clerk  of  a  court  of  record, 
a  county  recorder,  notary  or  justice  of  the  peace.  Without  the  State, 
but  in  the  United  States  and  within  the  jurisdiction  of,  a  justice,  judge 
or  clerk  of  a  court  of  record  of  the  United  States;  a  justice,  judge  or 
clerk  of  any  State  court  of  record;  a  commissioner,  appointed  by  the 
Governor  of  this  State;  a  notary  or  any  officer  authorized  by  his  State 
laws.  Outside  the  United  States,  before  a  minister,  commissioner  or 
charge  d'affaires,  a  consul,  vice-consul  of  the  United  States,  resident  and 
accredited;  a  judge  of  a  county  court  of  record;  commissioners  ap- 
pointed by  this  State's  Governor;  a  notary,  or  by  the  deputy  of  the  four 
latter,  all  residents  of  the  country.  PERSONALLY  known  to  the 
officer,  is  required,  or  positively  identified.  WITNESSES — One  witness 
to  deed  if  not  acknowledged,  two  to  wills.  PRIVATE  SEALS — Not 
required.  WOMEN — Age  to  convey,  18.  Married  women  convey  their 
property  with  joinder  of  husband.  Separate  examination  required  and 
to  be  made  acquainted  with  contents,  and  state  she  executes  the  instru- 
ment and  does  not  wish  to  retract  it.  DOWER  AND  CURTESY — None. 
Community  of  interest.  Conveyance  jointly.  POWER  OF  ATTORNEY 
— Conveyance  jointly.     ACTION  to  recover  land  limited  to  five  years. 


104  NOTAEIES  PUBLIC. 

DEEDS  take  effect  when  recorded.  ESTATES  limited  to  persons  in 
being.  HOMESTEAD— Exemption,  $5,000;  to  head  of  family,  $1,000; 
to  others,  conveyed  jointly.  MORTGAGE  redemption  when  due. 
MECHANIC'S  LIENS — Contractor  files  in  ninety  days;  others  in 
sixty  days;  holds  six  months  after.  TAX  redemption,  three  years. 
JUDGMENT  lien  expires  in  two  years. 

§287.  Illinois— ACKNOWLEDGMENTS  may  be  taken  IN  THE 
STATE  before  a  master  in  chancery,  notary,  U.  S.  commissioner,  circuit 
or  county  clerk,  justice  of  the  peace,  or  any  court  of  record  having  a 
seal,  or  any  judge,  justice  or  clerk  of  such  court.  A  notary  or  United 
States  commissioner,  must  attest  with  their  official  seal.  A  justice  of 
the  peace  residing  out  of  the  county  of  the  land  must  have  attached  to 
the  instrument  the  certificate  of  the  clerk  of  his  county  court,  under 
his  seal  of  office,  that  he  is  a  justice  of  the  peace  at  the  time.  FRAUD- 
ULENT ACKNOWLEDGMENT— Any  officer  falsely  certifying  with  in- 
tent to  defraud  or  injure  or  enable  any  other  person  to  so  act  shall  be 
imprisoned  in  the  penitentiary  not  less  than  one  nor  more  than  five 
years,  or  confined  in  the  county  jail  not  exceeding  one  year  and  fined 
not  exceeding  $1,000.  TAKEN  IN  OTHER  STATES  BEFORE  a  justice 
of  the  peace,  notary  public,  master  in  chancery,  U.  S.  commissioner, 
commissioner  of  deeds,  mayor,  county  clerk,  judge,  justice,  clerk  or 
deputy  clerk,  of  the  U.  S.  Supreme,  Circuit  or  district  courts,  same  of 
any  State,  Supreme,  Circuit,  Superior,  District,  County  or  Common  Pleas, 
Probate,  Orphan  or  Surrogate  Court,  or  prothonotary  or  register.  In  a 
dependency  of  the  United  States  before  a  commissioned  officer  in  U.  S. 
military  service.  Each  need  their  own  or  court  official  seal.  Justices  of 
the  peace  and  masters  in  chancery  shall  have  added  the  certificate  of 
the  proper  clerk  under  his  official  seal,  stating  they  are  authorized  to 
take  and  are  in  office.  May  be  made  in  conformity  to  the  laws  of  the 
State  where  made,  if  so  certified  to,  by  the  County  Court  clerk.  MAY 
be  taken  in  FOREIGN  LANDS  before  any  court  having  a  seal,  judge,  jus- 
tice or  clerk  thereof,  minister  or  consul  of  the  United  States,  notary  or  any 
officer  authorized  by  the  country,  attested  under  their  official  seal.  If 
they  have  no  seal  a  certificate  must  be  added  by  some  ambassador, 
minister,  secretary  of  legation,  vice-consul,  deputy,  consul,  commercial 
agent  of  the  United  States,  resident  there,  under  his  official  seal  show- 
ing that  such  officer  or  court  is  acting  at  the  time.  Proper  proof  being 
shown,  the  form  of  the  country  shall  be  prima  facie  evidence  and  shall 
be  valid  in  law.  Fraudulent  acknowledgments  punishable  by  fine  and 
imprisonment  from  one  to  five  years  and  $1,000.  Being  a  stockholder 
or  officer  of  a  corporation  does  not  prohibit  the  officer  from  taking.  Rec- 
ord of  deeds,  mortgages,  etc.,  required,  notice  is  from  time  of  filing.  Un- 
acknowledged deeds  may  be  recorded  but  not  admitted  as  evidence  unless 
proved.  PERSONALLY  KNOWN  or  positively  identified  to  officer 
is  required.  WITNESSES — None  to  a  deed,  two  to  a  will.  PRI- 
VATE seals — Scroll  required.  WOMEN — Age  to  convey,  18.  Separate 
examination  not  required.  DOWER,  one-third  interest  for  life,  conveyed 
by  joining  husband.  Curtesy  abolished.  Homestead  exemption,  $1,000. 
Conveyed  by  jointure  clause  must  be  inserted  in  the  deed,  "including  the 


CONVEYANCES   AND   ACKNOWLEDGMENTS.  105 

release  and  waiver  of  the  right  of  homestead."  POWER  OF  AT 
TORNEY — Married  woman  can  convey  her  estate  as  if  single.  ACTION 
to  recover  land  limited  to  20  years,  ESTATE  fee  simple  conveyed,  estate 
tail  abolished.  MORTGAGE  redemption  limited  to  one  year.  ME- 
CHANIC'S Lien  contractors  claim  to  be  filed  in  four  months  after  work, 
if  additional  work,  then  four  months  thereafter.  Suit  shall  be  brought 
to  enforce  lien,  or  a  verified  claim  for  lien  shall  be  filed  with  the  clerk 
of  the  circuit  court  within  two  years  after  completion  of  the  work. 
TAX  redemption  limited  to  two  years.  JUDGMENT  redemption  limited 
to  twelve  months.  JUDGMENT  Lien  limited  to  seven  years.  TRUST 
DEEDS  used  as  mortgages.  CHATTEL  MORTGAGES— No  mortgage, 
trust  deed  or  other  conveyance  of  personal  property  having  the  effect 
of  a  mortgage  or  lien  upon  such  property,  shall  be  valid  as  against  t lie 
rights  and  interests  of  any  third  person,  unless  possession  thereof 
shall  be  delivered  to  and  remain  with  the  grantee,  or  the  instrument 
shall  provide  for  the  possession  of  the  property  to  remain  with  the 
grantor,  and  the  instrument  is  acknowledged  and  recorded  as  here- 
inafter directed;  and  every  such  instrument  shall,  for  the  purposes 
of  this  act,  be  deemed  a  chattel  mortgage. — Starr  &  Curtis'  Anno. 
Statutes,  1896,  p.  2743.  Such  instrument  shall  be  acknowledged  before 
a  justice  of  the  peace  of  the  town  or  precinct  where  the  mortgagor  re- 
sides, or  if  there  be  no  acting  justice  of  the  peace  in  the  town  or 
precinct  where  the  mortgagor  resides,  then  such  instrument  may  be 
acknowledged  before  the  county  judge  of  the  county  in  which  the 
mortgagor  resides;  or,  if  the  mortgagor  is  not  a  resident  cf  this  State 
at  the  time  of  making  the  acknowledgment,  then  before  any  officer  au- 
thorized by  law  to  take  acknowledgment  of  deeds.  The  certificate  of 
acknowledgment  may  be  in  the  following  form:  This  (name  of  instru- 
ment) was  acknowledged  before  me  by  (name  of  grantor)  (when  the 
acknowledgment  is  made  by  a  resident,  insert  the  words  "and  entered 

by  me"),  this day  of ,  18 — .  (Name  of  officer.) 

Witness  my  hand  and  seal — 

— Starr  &  Curtis'  Anno.  Statutes,  1896,  p.  2751. 

§288.  Indian  Territory— ACKNOWLEDGMENTS— Before  whom 
taken:  IN  THE  TERRITORY— Notary  public.  See  Arkansas.  IN 
OTHER  STATES— See  Arkansas.  IN  FOREIGN  COUNTRIES— See 
Arkansas.  PERSONALLY  KNOWN— See  Arkansas.  WITNESSES— See 
Arkansas.  None  to  deed,  if  acknowledged.  WILL,  two  required. 
SEALS  silent,  see  Arkansas.  WOMEN,  if  married,  can  convey  as  if 
single,  separate  property.  DOWER  exists,  one-third  for  life. 
HOMESTEAD  exemption,  $2,500.  See  Arkansas.  POWER  OF  AT- 
TORNEY, can  convey  by.  ACTION  to  recover  land  limited  to  seven 
years.  DEED  recorded  is  notice.  JUDGMENT  redemption,  one  year. 
Limit  of  lien,  ten  years.  MECH.  Lien,  sub-contractor  sues  in  six  months, 
others  in  nine  months,  prosecuted  without  delay.  MORTGAGE  redemp- 
tion, one  year.     TAX  redemption,  two  years. 

§  289.  Indiana— ACKNOWLEDGMENTS— In  this  State,  by  a  judge, 
clerk  of  a  court  of  record,  judge  of  Superior  Court,  justice  of  the  peace, 
notary,  mayor,  auditor,  recorder.     In  other  States  the  same,  also   com. 


106  NOTARIES  PUBLIC. 

of  deeds,  for  this  State,  so  appointed.  In  foreign  lands,  U.  S.  Ministers, 
consul,  charge  d'affaires,  any  officer  so  authorized  by  his  country. 
Officer  having  no  seal  must  have  certificate  attached  of  his  circuit  court 
clerk,  and  must  state  that  the  officer  was  at  the  time  lawfully  acting 
and  that  his  signature  is  genuine.  PERSONALLY  known  to  officer, 
not  required.  WITNESSES — None  required  to  deeds;  two  to  wills. 
PRIVATE  seals  not  required.  WOMEN — Age  to  convey,  18.  Conveys 
by  joining  her  husband  in  the  deed.  May  dispose  of  her  own  property 
without  concurrence  of  husband.  Separate  examination  not  required. 
If  married  to  an  alien,  does  not  bar  her  rights  to  hold  or  convey. 
POWER  OP  ATTORNEY— Married  woman  can  join  her  husband  in 
conveyance  by  power  of  attorney  acknowledged.  ACTION  for  recovery 
of  land  fraudulently  conveyed  or  sold  by  executor  or  guardian,  limited 
to  five  years.  If  sold  by  execution  creditor,  to  ten  years.  DEEDS  to 
be  recorded  in  45  days.  DOWER  AND  CURTESY  abolished,  one-third 
real  estate  descends  to  widow  in  fee  simple;  if  over  $10,000,  one-fourth; 
over  $25,000,  one-fifth.  ESTATE  tail  limited  to  life  in  being.  HOME- 
STEAD exemption,  $600.00.  MORTGAGE  redemption  limited  to  one 
year.  MECH.  Liens  to  be  filed  with  County  Recorder  in  60  days,  runs 
90  days  thereafter.  TAX  redemption  limited  to  two  years.  JUDGMENT 
lien  deemed  satisfied  in  twenty  years;  may  renew  ten  years  longer. 

§290.  Iowa— ACKNOWLEDGMENTS— IN  THIS  STATE,  before  a 
court  having  a  seal,  the  court,  judge  or  clerk,  justice  of  the  peace  or 
notary  public,  the  county  auditor  or  his  deputy.  OUT  OF  THIS  STATE 
— Before  a  court  of  record  or  the  officer  holding  its  seal,  commissioner 
appointed  by  the  Governor  of  this  State,  a  notary,  justice  of  the  peace, 
the  latter  must  have  a  certificate  showing  his  authority  by  the  proper 
authority.  OUTSIDE  UNITED  STATES— Any  ambassador,  minister, 
secretary  of  legation,  consul,  charge  d'affaires,  consular  agent,  or  any 
other  officer  of  the  United  States  in  a  foreign  country  authorized  to 
issue  certificates  under  the  seal  of  the  United  States.  Any  officer  of  a 
foreign  country  authorized  by  its  laws,  but  his  certificate  must  be 
authenticated  by  one  of  the  above  United  States  officers'  certificate 
of  acknowledgment.  PERSONALLY  KNOWN,  or  positively  identified 
is  required.  WITNESSES— None  to  deeds;  two  to  wills.  PRIVATE 
SEALS — Abolished.  WOMEN — Age  to  convey,  when  married;  or  ma- 
jority age  of  18.  Separate  examination  not  required.  DOWER — Either 
husband  or  wife  can  elect  to  take  dower  or  homestead,  one-third  to 
each  in  fee  simple.  CURTESY— Abolished.  HOMESTEAD— Both  join 
in  conveyance,  survivor  continues  in  possession.  POWER  OF  AT- 
TORNEY— Married  woman  can  convey  by  power  of  attorney.  The 
certificate  of  a  county  court  clerk  is  not  required  to  accompany  the 
certificate  of  acknowledgment  of  a  notary  public  of  other  States.  AC- 
TION to  recover  land  in  a  court  of  record,  fifteen  years;  in  a  justice 
court,  nine  years;  for  tax,  five  years;  sold  by  administrator  on  mortgage, 
five  years.  DEED,  recording  is  notice.  Mortgage  redemption,  one  year. 
MECH.  LIEN,  contractors  file  with  District  Court  Clerk  in  90  days, 
others  in  30  days;  right  of  action  limited  to  two  years.  TAX  redemption 
limited  to  two  years;  nine  months'  notice  by  purchaser  that  time  ex- 


CONVEYANCES   AND   ACKNOWLEDGMENTS.  1,j7 

pires  in  90  days.  EXECUTION  sale  redemption  limited  to  one  year. 
JUDGMENT  recovery  in  courts  of  record  twenty  years;  in  courts  not  of 
record,  in  ten  years. 

§291.  Kansas— ACKNOWLEDGMENTS  within  this  State  before 
some  court  having  a  seal,  a  judge,  justice  or  clerk  thereof,  or  any  justice 
of  the  peace,  notary  public,  county  clerk  or  register  of  deeds,  a  mayor  or 
clerk  of  an  incorporated  city.  Out  of  the  State,  before  a  court  of  record, 
or  clerk  or  officer  holding  the  seal  thereof,  before  a  commissioner  ap- 
pointed by  the  Governor  of  this  State,  a  notary,  justice  of  the  peace, 
any  United  States  consul  resident  in  any  foreign  country.  If  taken 
before  a  justice  of  the  peace  the  certificate  of  a  clerk  of  a  court  of 
record  under  his  hand  and  court  seal  must  be  attached  showing  the 
official  character  of  the  justice.  Proof  of  execution  before  acknowledg- 
ing— If  the  grantor  by  death,  inability  or  refusal  to  attend,  and  ac- 
knowledge, proof  of  execution  may  be  made  by  competent  testimony, 
before  any  court  or  officer  authorized  to  take  acknowledgments.  The 
certificate  upon  the  deed  must  state  the  title  of  the  officer,  the  death, 
inability  or  refusal  of  the  grantor,  the  names  of  the  witnesses  by  whom 
proof  was  made.  The  witnesses  can  be  subpoenaed  by  the  officer  if  in 
the  county,  by  attachment,  if  necessary.  An  untruthful  certificate  sub- 
jects the  officer  to  indictment  and  fine  according  to  damage  or  value 
of  the  property.  PEESONALLY  KNOWN  must  be  shown  in  the  cer- 
tificate. WITNESSES  not  required  except  to  prove  a  deed;  two  to  wills. 
PEIVATE  SEALS— Abolished.  WOMEN— Age  to  convey,  18;  may  con- 
vey own  property  as  if  unmarried.  Separate  examination.  DOWER 
and  CURTESY — Abolished.  Husband  and  wife  share  equally;  com- 
munity interest.  HOMESTEAD — Husband  and  wife  each  entitled  to; 
must  join  in  conveying;  exemption,  160  acres;  in  city,  one  acre  improved. 
POWER  OF  ATTORNEY— Conveyance  by  must  be  acknowledged,  signed 
and  recorded  same  as  a  deed.  ACTION  for  recovery  of  land,  on  execution, 
limited  to  five  years;  after  sale,  on  administrator's  sale,  in  five  years; 
after  forcible  entry,  in  two  years;  after  legal  disability,  in  two  years; 
other  conditions,  fifteen  years.  DEED,  recording  is  notice.  MORTGAGE 
redemption,  fifteen  to  eighteen  months.  MECH.  LIEN,  claim  to  be  filed 
in  four  months;  sale  one  year  from  filing;  redemption  fifteen  to  eighteen 
months.  TAX  redemption  in  three  years.  JUDGMENT,  redemption  in 
fifteen  to  eighteen  months. 

§292.  Kentucky— ACKNOWLEDGMENTS— In  the  State,  before 
County  Court  clerk  or  notary  public.  Outside,  before  County  Court  clerk, 
his  deputy,  a  notary,  mayor,  Secretary  of  State,  commissioner  of  deeds 
for  this  State,  or  a  judge,  all  under  official  seal.  Foreign,  before  a 
minister,  consul  or  secretary  of  legation  of  the  United  States,  the  secre- 
tary of  foreign  affairs,  judge  of  a  superior  court,  under  seal.  PEBSON- 
ALLYT  known  to  officer,  statutes  do  not  require.  WITNESSES — Two  to 
a  deed  not  acknowledged;  two  to  wills.  PEIVATE  SEALS — Not  neces- 
sary. WOMEN — Age  to  convey,  21;  may  convey  by  joining  with  hus- 
band. Separate  examination  and  contents  explained.  She  must  freely 
and  willingly  acknowledge.  If  in  the  State,  officer  need  only  state  that 
it  was  acknowledged  before  him.     DOWEE  and  CUETESY — Each  one- 


108  NOTARIES  PUBLIC. 

third  for  life.  HOMESTEAD — Conveyed  by  jointure  of  husband  and 
wife.  Exemption,  $1,000.  POWER  OF  ATTORNEY— Married  women 
may  so  convey;  must  be  acknowledged  and  signed  same  as  a  deed. 
ACTION  to  recover  land  limited  to  fifteen  years;  may  be  extended  to 
thirty  years.  Married  woman  or  her  heirs  in  three  to  ten  years.  DEEDS, 
when  recorded  are  notice.  ESTATES  TAIL  abolished.  MORTGAGE 
redemption  limited  to  one  year.  MECH.  LIEN  to  be  filed  in  six  months 
with  county  clerk;  action  to  be  brought  in  one  year  from  filing.  TAX 
redemption  limited  to  two  years.  JUDGMENT  lien  limited  to  fifteen 
years.     TRUST  DEEDS  used  as  mortgages. 

§293.  Louisiana— ACKNOWLEDGMENTS  taken  before  clerks  of 
the  Supreme  Court  and  their  deputies,  notaries  public.  Out  of  the  United 
States,  before  ambassadors,  ministers,  charge  d  'affaires,  secretaries  of 
legation,  consul-generals,  consuls,  vice-consuls,  commercial  agents,  all 
under  their  official  seals  PERSONALLY  known  by  the  officer  taking 
is  required.  WITNESSES — Two  required  to  deeds.  Witnesses  to  a 
will  olographic,  none;  public — nuncupative,  three,  residents;  five,  if  non- 
residents; private,  nuncupative,  open,  five  if  residents;  seven  if  non-resi- 
dents; mystic— sealed,  three.  PRIVATE  SEALS— Abolished.  WOMEN 
— Age  to  convey,  21;  husband's  consent  required.  Separate  examination. 
DOWER  AND  CURTESY— Survivor  has  usufruct  during  life;  com- 
munity system  exists.  HOMESTEAD  allowed  so  long  as  occupied;  va- 
cating loses  it.  Exemption,  $1,000.  POWER  OF  ATTORNEY  may  be 
granted  with  husband's  consent.  MORTGAGE  and  other  liens  redeemed 
in  ten  years  if  agreed  to. 

§  294.  Maine— ACKNOWLEDGMENTS  before  a  justice  of  the  peace, 
or  notary  public,  or  women  otherwise  eligible  under  the  constitution 
and  appointed  for  the  purpose  by  the  Governor  with  the  consent  of 
council  in  the  State,  or  any  clerk  of  a  court  of  record  having  a  seal, 
or  notary  public  within  any  of  the  United  States,  or  before  a  minister 
or  consul  of  the  United  States,  or  notary  public  in  any  foreign  country. 
Seal  of  court  or  notary  to  be  affixed.  PERSONALLY  known,  or  iden- 
tified to  officer,  should  be,  statute  is  silent.  WITNESSES  not  required 
to  deeds;  three  to  wills.  PRIVATE  SEALS— Scroll  required.  WOMEN 
— Age  to  convey,  married  woman  of  any  age  may  convey  her  own  sep- 
arate property  without  jointure  of  husband.  Separate  examination  not 
required.  DOWER  and  CURTESY— Abolished;  each  inherit  one-half  if 
there  are  no  children;  one-third  if  there  are  children.  POWER  OF  AT- 
TORNEY to  convey,  to  be  signed,  sealed,  acknowledged  and  recorded 
same  as  a  deed.  A  deed  conveying  lands  in  more  than  one  county  lost 
before  recording,  or  recorded  in  the  wrong  county  or  district  and  lost, 
a  certified  copy  from  the  registry  where  recorded,  may  be  recorded  in 
any  other  county  or  district.  A  person  holding  an  unrecorded  deed  or 
other  evidence  of  title,  may  be  given  personal  written  notice  to  record 
it,  by  anyone  having  an  interest  in  it;  a  failure  to  comply  within  thirty 
days  permits  compulsion  by  complaint  to  a  justice  of  the  Supreme 
Court.  No  conveyance  of  an  estate  for  more  than  seven  years  is 
effectual  against  others  unless  recorded.  There  can  be  no  estate  in 
lands  other  than  tenancy   at  will  unless  in  writing.      When   a   grantor 


CONVEYANCES   AND   ACKNOWLEDGMENTS.  1Q9 

refuses  to  acknowledge  his  deed,  the  grantee  may  leave  a  copy  of  it 
with  the  register  and  for  forty  days  it  is  a  record.  A  notary  public 
or  justice  of  the  peace,  where  grantor  or  land  is,  may  summon  the 
grantor  at  a  time  and  place  stated,  to  hear  testimony,  date  of  deed, 
names  of  parties  and  witnesses  to  be  mentioned  in  summons.  If  the 
officer  is  satisfied  that  the  deed  was  executed  he  shall  so  certify  in  the 
deed.  It  may  then  be  recorded.  A  lost  or  destroyed  deed  may  be  re- 
placed by  copy  left  with  the  register  for  ninety  days;  he  may  prove 
it  by  depositions  in  perpetuam  if  parties  in  interest  reside  outside  the 
State.  A  justice  of  the  Supreme  Court  may  order  notice  by  publication. 
ACTION  for  the  recovery  of  lands  limited  to  twenty  years.  ESTATE 
tail  limited  to  two  lives  in  being.  HOMESTEAD  exemption,  $500.  Con- 
veyed by  jointure.  JUDGMENT  Lien  limited  to  twenty  years.  ME- 
CHANIC'S LIENS  to  be  filed  in  ninety  days.  MORTGAGE  lien  lim- 
ited to  twenty  years.  Mortgage  redemption  limited  to  three  years 
or  one  year  by  contract.     Tax  redemption,  two  years. 

§  295.  Maryland — CONVEYANCE — No  estate  of  inheritance  or  free- 
hold, or  any  declaration  or  limitation  of  use,  or  any  estate  above  seven 
years,  shall  pass  or  take  effect  unless  the  deed  conveying  the  same  shall 
be  executed,  acknowledged  and  recorded.  No  words  of  inheritance  neces- 
sary to  create  estate  in  fee  simple  in  a  deed.  Deeds  to  be  recorded  in 
six  months.  Deeds  to  be  valid  must  be  acknowledged  and  recorded. 
ACKNOWLEDGMENTS  IN  THE  STATE— Within  the  county  or  city 
of  the  lands,  may  be  taken  before  a  justice  of  the  peace,  a  judge  of  the 
orphans,  circuit,  Baltimore  Supreme  Court,  or  notary.  Within  the  State, 
before  any  justice  of  the  peace,  his  official  character  being  certified  to 
by  the  clerk  of  the  circuit  or  superior  court,  under  seal,  any  judge  of 
circuit,  orphans,  Baltimore  City  or  circuit  court,  where  the  grantor  may 
reside.  Supreme,  orphans'  cotirts  or  notary,  each  under  their  official 
seals.  IN  OTHER  STATES,  before  a  notary  public,  a  judge  of  any 
United  States  Court,  a  judge  of  any  State  or  territorial  court  having  a 
seal,  a  commissioner  of  this  State  to  take  acknowledgments.  Taken 
outside  the  United  States,  before  any  minister,  consul-general,  consul, 
deputy  consul,  vice-consul,  consular  agent,  or  consular  officer  of  the 
United  States.  A  notary  public,  a  commissioner  of  this  State  to  take 
acknowledgments.  Party  to  state  that  he  acknowledged  the  deed  to 
be  his  act.  Officer's  name,  title  and  date  to  be  contained  in  the  ac- 
knowledgment. PERSONALLY  known  or  identified  to  the  officer,  should 
be.  WITNESSES— One  to  deed,  two  to  a  will.  PRIVATE  SEALS— 
Scroll  required.  WOMEN — Age  to  convey,  18;  married  women  of  any 
age  can  convey  property.  Separate  examination  of  wife  not  required. 
Married  woman  may  convey  her  separate  property  without  husband 
joining.  DOWER  and  CURTESY— One-third  to  each  for  life;  conveyed 
by  jointure  in  deed.  HOMESTEAD— None  exists.  POWER  OF  AT- 
TORNEY— Conveyance  thus  made  by  acknowledging,  signing  and  re- 
cording, same  as  a  deed.  ACTION  for  land  limited  to  twenty  years. 
MECH.  lien  to  be  filed  in  six  months;  claim  holds  for  five  years  after 
filing.  TAX  redemption  limited  to  twelve  months.  JUDGMENT 
lien  limited  to  twelve  years. 


HO  NOTARIES  PUBLIC. 

§  296.  Massachusetts— ACKNOWLEDGMENTS  to  be  made  before  a 
justice  of  the  peace  or  notary  public  in  this  State.  If  in  another  State, 
before  a  justice  of  the  peace,  notary  public,  magistrate  or  commissioner 
appointed  by  the  Governor  for  that  purpose.  If  in  a  foreign  country, 
before  such  justice,  notary,  magistrate,  or  commissioner  or  a  minister  or 
consul  or  consular  officer  of  the  United  States.  Taken  in  other  States 
for  record  or  to  be  used  in  evidence  in  this  State,  may  be  taken  before 
any  officer  of  that  State  authorized  by  its  laws  and  certified  to  by  the 
Secretary  of  State  under  the  State  seal,  or  by  the  clerk  of  a  court  of 
record  of  the  county,  stating  that  the  officer  was  authorized  at  the  time 
of  taking  to  take,  that  he  is  acquainted  with  his  handwriting  and  be- 
lieves the  signature  genuine.  The  acknowledgment  of  one  grantor  is 
sufficient.  PERSONALLY  known  to  officer  required.  WITNESSES 
— None  to  a  deed;  proof  requires  one  at  least;  a  will,  three.  PRIVATE 
SEALS,  not  required.  WOMEN — Married  women  can  convey  as  if 
single.  Separate  examination  of  not  required.  DOWER  and  CURTESY 
— One-third  to  each  for  life,  are  conveyed  by  jointure.  HOMESTEAD 
—Conveyed  by  jointure;  exemption,  $800.  POWER  OF  ATTORNEY 
— Married  women  may  so  convey  realty  when  acknowledged,  signed  and 
sealed,  same  as  a  deed.  A  deed  executed  and  delivered  by  the  person 
or  by  his  attorney,  shall  be  sufficient  to  convey  real  estate.  Conveyance 
of  an  estate  in  fee  simple,  fee  tail,  or  for  life,  or  a  lease  for  more  than 
seven  years  from  the  making,  shall  not  be  valid  as  against  any  person 
other  than  the  grantor  or  lessor  and  his  heirs  and  devisees  and  persons 
having  actual  notice  of  it,  unless  recorded  in  the  county  registry. 
Deeds  shall  not  be  recorded  unless  the  certificate  of  acknowledgment  is 
indorsed  on  or  attached.  Deeds  and  other  instruments  recorded  in 
one  county  where  the  land  lies  may  be  recorded  in  other  counties  where 
it  is  also  situated,  from  any  office  copy.  ACTION  to  recover  land  limited 
to  twenty  years.  ESTATE  tail  abolished.  MORTGAGE  redemption 
limited  to  three  years.  MECH.  LIEN  claim  to  be  filed  in  thirty  days; 
ninety  days  after  must  be  enforced;  redeemed  in  one  year.  TAX  redemp- 
tion limited  to  two  years.  JUDGMENT  redemption  limited  to  one  year 
from  sale. 

§  297.  Michigan — Refusal  of  grantor  to  acknowledge  deed  can  be  evi- 
denced by  summoning  him  before  a  justice  of  the  peace  in  the  presence 
of  the  subscribing  witnesses.  If  the  witnesses  are  dead  the  deed  may  be 
proved  by  the  grantor's  or  witnesses'  handwriting  before  a  court  of 
record  in  this  State.  In  the  meantime  the  deed  may  be  filed  for  record 
with  the  county  register  of  deeds,  where  the  lands  are,  which  shall  for 
the  space  of  thirty  days  thereafter,  in  case  of  proceedings  before  a 
justice  and  in  case  of  proceedings  before  a  court  of  record,  for  the 
space  of  ten  days  after  the  first  day  of  the  next  term  of  such  court, 
have  the  same  effect  as  the  recording  of  the  deed,  if  such  deed  shall 
within  that  time  be  duly  proved  and  recorded.  CONTRACTS  for  the 
sale  of  lands  may  be  acknowledged  the  same  as  deeds.  Written  instru- 
ments, excepting  bills  of  exchange,  promissory  notes  and  wills,  may  be 
proved  or  acknowledged  the  same  as  deeds.  Officer  taking,  to  sign  his 
name  and  title  of  his  office.     ACKNOWLEDGMENTS,  before  whom  in 


CONVEYANCES  AND  ACKNOWLEDGMENTS.  m 

this  State:  Any  judge,  commissioner  of  a  court  of  record,  notary  public, 
justice  of  the  peace  or  a  master  in  chancery.  The  officer  to  certify  the 
same  under  his  hand  with  the  date.  In  another  State,  before  any  officer 
authorized  by  that  State,  to  be  signed  by  the  officer  and  certificate  at- 
tached by  his  State  secretary  or  clerk  of  county  court  under  their 
seals,  stating  that  such  officer  at  the  time  of  taking  was  duly  authorized 
to  take  and  that  they  are  well  acquainted  with  his  handwriting  and 
verily  believe  the  signature  affixed  to  be  genuine.  This  is  not  necessary 
if  the  officer  is  a  notary  and  certifies  under  his  official  seal.  If  taken 
without  the  United  States,  by  any  notary,  before  any  minister,  com- 
missioner, consul,  charge  d'affaires  or  consular  agent  of  the  United 
States  resident,  certified  under  their  seal  of  office.  PERSONALLY 
known  or  identified  to  officer,  is  required.  WITNESSES — Two  to  deeds, 
two  to  wills.  PRIVATE  SEALS— Scroll  required.  WOMEN— Age  to 
convey,  18.  Can  convey  same  as  if  single.  Separate  examination  not 
required;  may  convey  as  if  unmarried.  DOWER  AND  CURTESY — 
One-third  for  life;  conveyance  made  by  jointure  in  the  deed.  HOME 
STEAD — Exemption,  $1,500;  conveyed  by  wife  joining  in  the  deed. 
POWER  OF  ATTORNEY— Property  may  be  conveyed  by,  when  ac- 
knowledged and  signed  jointly  and  recorded  same  as  a  deed.  ACTION 
to  recover  land  limited  to  twenty  years.  DEEDS  bear  notice  when 
recorded.  ESTATES  tail  abolished.  MORTGAGE  redemption  limited 
to  twelve  months;  action  for  recovery  limited  to  fifteen  years.  MECH. 
LIEN — Must  file  claim  in  sixty  days.  TAX  redemption  in  six  months. 
JUDGMENT  lien  limited  to  ten  years.  TRUST  DEEDS  used  for  mort- 
gage. 

§298.  Minnesota— ACKNOWLEDGMENTS— WHO  MAY  TAKE— 
Legislators,  judges  of  supreme,  district  and  probate  courts,  clerks  of 
same,  notaries,  justices  of  the  peace,  registers  of  deeds,  court  commis- 
sioners, and  county  auditors,  clerks  of  federal  courts,  town  and  city 
clerks,  village  recorders,  within  their  jurisdiction  and  with  their  official 
seals,  commissioned  officers  for  American  soldiers  or  sailors.  IN  OTHER 
STATES — The  chief  and  associate  justices  of  the  United  States  Su- 
preme Court,  judges  of  the  district  courts  of  the  United  States,  judges 
of  any  court  of  record  of  any  of  the  States,  clerks  of  same,  notaries, 
justices  of  the  peace,  commissioners  appointed  by  the  Governor  of  this 
State.  All  within  their  jurisdiction.  Unless  party  certifying  has  an 
official  seal,  the  certificate  must  be  attached  of  the  clerk  of  the  county 
court,  showing  their  authority  to  certify.  FOREIGN — May  be  executed 
according  to  the  laws  of  that  country  and  acknowledged  before  any  no- 
tary public.  United  States  minister  plenipotentiary,  minister  extraordi 
nary,  minister  resident,  charge  d'affaires,  commissioner  or  consul,  or 
any  consular  or  diplomatic  officer  or  their  deputies  and  vice-representa- 
tives, including  deputy  consuls  general,  vice-consuls  general,  and  deputy 
commercial  agents  appointed  to  reside  therein.  The  same  to  be  certified 
thereon  by  the  officer  taking,  under  his  hand,  and  if  taken  before  a 
notary  public  under  his  seal  of  office.  Provided,  that  any  such  deed, 
duly  signed  and  sealed  with  two  witnesses,  and  acknowledged  as  afore- 
said,   shall   be   deemed   good   and   sufficient.      PERSONALLY   known    or 


112  NOTARIES  PUBLIC. 

identified  to  officer  is  required.  WITNESSES — Two  required  to  a  deed, 
two  to  a  will.  PRIVATE  SEALS— Scroll  required.  WOMEN— Age  to 
convey,  15;  married  women  can  convey  with  husband.  Separate  exam- 
ination of  wife  required.  DOWER  and  CURTESY— Abolished.  HOME- 
STEAD— Exemption,  80  acres  and  dwelling;  one  lot  in  city;  one-half  acre 
in  a  town;  can  be  conveyed  by  joint  deed  of  husband  and  wife.  POWER 
OF  ATTORNEY,  can  so  convey  by  jointure,  if  acknowledged,  signed 
and  recorded  as  by  deed.  ACTION  for  the  recovery  of  land  limited  to 
fifteen  years.  ESTATE  tail  limited  to  lives  in  being.  DEED  record  is 
notice.  MORTGAGE  redemption  limited  to  twelve  months;  foreclosure 
limited  to  fifteen  years.  MECH.  LIEN  claim  to  be  filed  in  one  year 
with  county  district  court  clerk;  can  redeem  before  sale.  TAX  redemp- 
tion, three  years;  action  to  recover  limited  to  six  years.  JUDGMENT 
lien  limited  to  ten  years. 

§299.  Mississippi— ACKNOWLEDGMENTS— Every  conveyance  of 
property  must  be  acknowledged  or  proved  by  an  authorized  officer  to  en- 
title it  to  record.  In  this  State,  may  be  taken  by  any  judge  of  a  United 
States  court,  any  judge  of  the  Supreme  or  Circuit  Court,  or  any  chan- 
cellor, or  any  clerk  of  a  court  of  record,  a  notary  public  under  his 
official  seal,  any  justice  of  the  peace,  mayor  of  any  city,  town,  or  vil- 
lage, or  member  of  the  board  of  supervisors,  whether  the  property  be 
in  his  county  or  not.  If  in  another  State,  before  the  chief  justice  of 
the  United  States  or  an  associate  justice,  any  United  States  circuit 
or  district  judge  or  any  United  States  judge,  any  Supreme  or  Superior 
Court  judge  of  the  State,  any  justice  of  the  peace  of  such  State  or  ter- 
ritory whose  official  character  shall  be  certified  under  the  seal  of  some 
court  of  record  in  his  county,  or  any  commissioner  in  such  State  ap- 
pointed by  the  Governor  of  this  State  to  take  acknowledgments,  any 
notary  or  clerk  of  a  court  of  record  having  a  seal  of  office.  Same  shall 
be  as  good  and  effectual  as  if  the  certificate  of  acknowledgment  or  proof 
had  been  made  by  a  competent  officer  in  this  State.  If  in  a  foreign  coun- 
try, before  any  court  of  record,  the  mayor  or  chief  magistrate  of  any  city, 
borough,  or  corporation  where  the  party  resides  or  may  be,  or  any  com- 
missioner residing  in  such  country  appointed  by  the  Governor,  any  am- 
bassador, foreign  minister,  secretary  of  legation  or  consul  of  the  United 
States.  The  officer's  certificate  to  state  that  the  party,  or  the  party  and 
witnesses  were  identified  before  him,  that  they  acknowledged  the  execu- 
tion, or  that  it  was  proved  by  the  witness,  same  to  be  as  effectual  as  if 
done  in  this  State.  PERSONALLY  KNOWN,  or  identified  to  officer 
required;  also  personal  appearance  necessary.  WITNESSES — One  to  a 
deed;  two  to  a  will.  PRIVATE  SEALS  are  abolished.  WOMEN— Mar- 
ried, can  convey  property;  unmarried,  21  years  of  age,  can  convey;  wife 
to  be  described  as  such.  Separate  examination  not  required;  conveyed 
as  if  she  were  sole.  DOWER  and  CURTESY— Abolished.  HOME- 
STEAD— Exemption,  $2,000;  conveyed  by  jointure  of  husband  and  wife. 
POWER  OF  ATTORNEY — Conveyances  may  be  made  by,  when  signed, 
acknowledged  and  recorded  same  as  deeds.  PROOF — If  the  grantor 
and  witness  be  dead  or  absent,  preventing  personal  attendance,  the  in- 
strument may  be  proved  by  the  oath  of  any  one,  who  on  examination 


CONVEYANCES  AND  ACKNOWLEDGMENTS.       113 

before  the  competent  officer  can  prove  the  handwriting  of  the  witness; 
when  such  cannot  be  had,  the  handwriting  of  the  grantor  may  be  proved; 
the  officer  certifying  accordingly.  ACTION  for  recovery  of  land  limited 
to  ten  years.  DEED  recorded  is  notice.  ESTATE  TAIL  limited  to  lives 
in  being.  MORTGAGE  redemption  limited  to  six  months.  MECH. 
LIEN  suit  to  begin  in  six  months  after  due.  TAX  redemption  limited 
to  two  years.  JUDGMENT  lien  limited  to  seven  years;  can  redeem  in 
two  years. 

§300.  Missouri— ACKNOWLEDGMENTS— IN  THIS  STATE,  be- 
fore any  court  having  a  seal,  a  judge  or  clerk  thereof,  notary  public, 
justice  of  the  peace  of  the  county  where  the  land  is.  IN  ANY  OTHER 
STATE,  before  any  notary  public,  any  United  States  or  State  court, 
having  a  seal,  or  the  clerk  of  such  courts  or  any  commissioner  ap- 
pointed by  the  Governor  of  this  State.  OUTSIDE  THE  UNITED 
STATES,  before  any  court  of  the  country  having  a  seal,  mayor  or 
chief  officer  of  any  town  or  city  having  a  seal,  any  minister  or  con- 
sular officer  of  the  United  States  or  any  notary  having  a  seal.  Falsely 
certifying,  or  aiding  in  a  false  acknowledgment,  by  an  officer,  shall  be 
deemed  forgery  in  the  second  degree.  PERSONALLY  known,  to  the 
officer,  required  or  proved  by  two  credible  witnesses,  who  must  sign 
with  address.  WITNESSES— Two  to  a  will.  PRIVATE  SEALS— Not 
required.  WOMEN — Age  to  convey,  18;  can  convey  their  realty.  Sep- 
arate examination  not  required.  DOWER — May  convey  by  joining  the 
husband.  CURTESY— One-third  each  for  life.  HOMESTEAD— Exemp- 
tion, $1,500;  in  large  cities,  $3,000;  conveyed  by  jointure  of  husband  and 
wife.  POWER  OF  ATTORNEY — Married  women  may  convey  by  power 
of  attorney,  by  executing  and  acknowledging  jointly  with  their  husband. 
ACTION  for  recovery  of  land  limited  to  ten  years.  MORTGAGE  re- 
demption limited  to  one  year.  MECH.  LIENS  claim  to  be  filed  in  six 
months;  laborer's  in  sixty  days;  action  in  ninety  days.  TAX  redemp- 
tion limited  to  two  years.  Judgment  Lien,  three  years;  action  barred  in 
ten  years. 

§  301.  Montana— ACKNOWLEDGMENTS— IN  THE  STATE— May 
be  made  anywhere  in  the  State  before  a  justice  or  clerk  of  the  Supreme 
Court,  or  a  judge  of  the  District  Court,  may  be  made  within  the  officer's 
place  of  appointment  or  election  before  a  clerk  of  a  court  of  record, 
a  county  clerk,  a  notary  public,  a  justice  of  the  peace.  IN  ANY  OTHER 
STATE,  and  within  the  jurisdiction  of  the  officer,  before  a  justice, 
judge  or  clerk  of  any  United  States  court  of  record,  a  justice,  judge 
or  clerk  of  any  State  court  of  record,  a  commissioner  appointed  by  the 
Governor  of  this  State,  a  notary  public,  any  other  officer  authorized  by 
the  laws  of  that  State.  OUTSIDE  THE  UNITED  STATES— May  be 
made  without  the  United  States  before  a  minister,  commissioner,  or 
charge  d'affaires  of  the  United  States  resident  or  accredited  to  that 
country;  before  a  United  States  consul,  vice-consul,  or  consular  agent  res- 
ident in  that  country,  a  judge  of  a  court  of  record,  a  commissioner  ap- 
pointed by  the  Governor,  a  notary  public,  any  deputy  allowed  these  offi- 
cers by  law.  Officers  must  authenticate  by  affixing  their  signatures  and 
name  of  office  and  their  official  seals,  if  they  have  a  seal,  otherwise  they 
8 


114  NOTAEIES  PUBLIC. 

must  show  by  what  authority  they  are  acting.  Justices  of  the  peace, 
acting  outside  of  their  county,  must  have  their  certificate  accompanied 
by  a  certificate  under  the  hand  and  seal  of  the  clerk  of  their  county 
showing  that  he  was  authorized  to  take  and  that  the  clerk  is  acquainted 
with  his  handwriting  and  believes  the  signature  genuine.  PERSON- 
ALLY known  or  identified  to  the  officer  is  required.  "WITNESSES — 
None  to  a  deed;  one  to  a  proof;  two  to  wills.  PRIVATE  SEALS — Abol- 
ished. MARRIED  WOMEN  can  convey  same  as  if  single.  Separate  ex- 
amination not  required.  DOWER— Widow  entitled  to.  CURTESY— 
Not  allowed.  HOMESTEAD — Exemption,  $2,500;  conveyed  by  jointure 
of  husband  and  wife.  POWER  OF  ATTORNEY,  signed  and  acknowl- 
edged, same  as  a  deed.  Married  women  may  so  convey.  Proof  of  the 
execution  of  an  instrument  not  acknowledged  may  be  made  by  the  party 
executing  it  or  by  a  subscribing  witness  or  by  other  witnesses.  The 
subscribing  witness  must  be  personally  known  or  identified  on  oath 
to  the  officer.  The  execution  may  be  established  by  proof  of  the  hand- 
writing of  the  party  and  of  the  witness  when  the  parties  and  witnesses 
are  dead  or  out  of  the  State  or  their  residence  is  unknown,  when  the 
witness  conceals  himself  or  cannot  be  found  or  the  refusal  of  the  wit- 
ness to  testify  one  hour  after  his  appearance.  ACTION  to  recover  land 
limited  to  ten  years;  in  courts  not  of  record,  five  years.  Estate  tail 
abolished;  limited  to  life  in  being.  JUDGMENT  lien  limited  to  ten 
years.  MECH.  Lien  claims  to  be  filed  in  ninety  days.  MORTGAGE 
lien  limited  to  ten  years.     TAX  redemption,  three  years. 

§  302.  Nebraska— ACKNOWLEDGMENTS— Grantor  must  state  it  to 
be  "his  voluntary  act  and  deed."  Taken  in  this  State,  before  a  judge 
or  clerk  of  any  court,  a  justice  of  the  peace,  or  a  notary  public,  within 
their  jurisdiction.  If  in  another  State,  before  an  officer  there  authorized, 
or  by  a  commissioner  appointed  by  the  Governor  of  this  State.  The 
officer  certifying  must  use  his  official  seal,  otherwise  the  certificate  of 
a  clerk  of  a  court  of  record,  under  its  seal,  or  other  proper  officer 
must  be  attached  to  the  instrument  showing  that  the  officer  taking  was 
at  the  date  such  officer,  that  he  is  well  acquainted  with  his  handwriting, 
that  he  believes  the  signature  is  genuine,  that  the  instrument  is  exe- 
cuted and  acknowledged  according  to  the  laws  of  the  State.  IN  A  FOR- 
EIGN COUNTRY  it  may  be  executed  according  to  the  laws  of  the 
country  and  acknowledged  before  a  notary  public,  or  a  United  States 
minister  plenipotentiary,  minister  extraordinary,  minister  resident, 
charge  d'affaires,  commissioner,  commercial  agent,  or  consul  appointed 
to  reside  there.  The  acknowledgment  shall  be  certified  thereon  by  the 
officer,  and  if  a  notary  public  his  seal  shall  be  affixed  to  such  certificate. 
PERSONALLY  KNOWN  or  identified  to  the  officer.  WITNESSES— 
One  to  a  deed,  two  to  a  will.  PRIVATE  SEALS— Abolished.  WOMEN 
— Age  to  convey,  16.  Married  women  convey  as  if  single.  Separate  ex- 
amination not  required.  DOWER  AND  CURTESY— One-third  to  each 
for  life;  conveyed  by  jointure.  HOMESTEAD— Exemption,  $2,000; 
conveyed  by  jointure  of  husband  and  wife.  POWER  OF  ATTORNEY 
to  convey  lands  must  be  proved  and  acknowledged,  signed  and  recorded 
same  as  a  deed.    FRAUDULENT  ACTS  of  officers  shall  be  punished  by 


CONVEYANCES  AND  ACKNOWLEDGMENTS.  H5 

a  fine  not  exceeding  $500  and  imprisonment  not  exceeding  one  year,  and 
liable  for  damages  sustained.  ACTION  to  recover  land  limited  to  ten 
years.  DEED  when  recorded  is  notice.  MORTGAGE  decree  is  a  final 
judgment.  MECH.  LIEN  claim  to  be  filed  in  four  months;  holds  two 
years;  can  redeem  two  years  before  sale.  TAX  redemption,  two  years. 
Judgment  redemption,  two  years. 

§303.     Nevada— ACKNOWLEDGMENTS— Must   be   certified    on   in- 
strument  and   under   officer's   hand   and   official   seal.     Who   can   take — 
County  recorders,  a  judge  or  clerk  of  a  court  having  a  seal,  a  notary 
public    or    justice    of    the    peace,    provided,    if    in    another    county,    the 
latter  shall  have  attached  to  his  certificate  the  certificate  of  the  clerk 
of  the  District   Court  of  his  county  showing  his  official  character.     In 
other  States,  by  a  judge  or  clerk  of  any  United  States  court,  or  of  any 
State  or  territorial  court  having  a  seal,  by  a  notary  public,  by  any  com- 
missioner appointed  by  the  Governor  of  this  State  for  that  purpose,  by 
a  justice  of  the  peace  if  accompanied  by  a  certificate  of  a  clerk  of  his 
county  court  of  record  having  a  seal  showing  the  justice's  official  char- 
acter and  authenticating  his  signature.     If  without  the  United  States, 
by  a  judge  or  clerk  of  a  court  having  a  seal,  by  a  notary  or  any  United 
States  minister,  consul   or  commissioner   resident.     Each   officer   author- 
ized to  take  acknowledgments   shall  keep   a  record  of  same  in  a  book 
for  that  purpose,  entering  the  date  taken,  the  date  of  the  instrument, 
its  name  and  character,  names  of  parties  thereto,  to  be  open  for   in- 
spection.    A  failure  to  comply  subjects  officer  to  a  penalty  of  from  fifty 
to  five  hundred  dollars  and   liable  on  his  bond  for   damages  sustained. 
PERSONALLY  known  to  officer  or  proved  by  witness.     WITNESSES— 
None  required  to  a  deed;  two  to  a  will.     PRIVATE  SEALS— Abolished. 
WOMEN — Age   to   convey — Marriage   permits   conveyance    at    any   age. 
Wife  must  join   husband   in   conveyance   of  her  separate   estate.      SEP- 
ARATE examination  of  a  married  woman  is  required.     DOWER   AND 
CURTESY— Abolished.      Community    system    exists.      HOMESTEAD— 
$5,000.      Conveyed   by   jointure.      POWER    OF   ATTORNEY— Conveyed 
same  as  by  deed,  signed  and  acknowledged  separately.     ACTION  to  re- 
cover land  limited  to  ten  years.    DEED  when  recorded  is  notice.    MORT- 
GAGE redemption,  six  months.     MECH.  Liens,  contractor  to  file   claim 
in  sixty  days;  all  others  in  thirty  days.     TAX  redemption  in  six  months. 
JUDGMENT  redemption  in  six  months;   limitation  of  lien,  six  vears. 

§304.  New  Hampshire— ACKNOWLEDGMENTS— Taken  before  a 
justice,  notary,  commissioner,  a  minister  or  consul  of  the  United  States 
in  a  foreign  country.  PERSONALLY  KNOWN  to  officer  not  required. 
WITNESSES— Two  to  a  deed,  three  to  a  will.  PRIVATE  SEALS— 
Scroll  required.  WOMEN — Age  to  convey,  21.  If  either  are  not  of 
age  conveyance  is  only  by  jointure.  Separate  examinations  not  required. 
DOWER  AND  CURTESY— One-third  for  life.  Conveyance  by  jointure. 
HOMESTEAD— Exemption,  $500.  Conveyance  by  jointure.  POWER 
OF  ATTORNEY — Can  so  convey  same  as  by  deed.  No  deed  of  bargain 
and  sale,  mortgage,  nor  conveyance  of  real  property,  nor  any  lease  for 
more  than  seven  years  shall  be  valid  against  any  person  but  the  grantor 
and  his  heirs  unless  attested,  acknowledged  and  recorded.     Same  with 


116  NOTARIES  PUBLIC. 

power  of  attorney  for  conveyance  of  real  estate.  Person  interested  may 
have  his  deed  or  lease  recorded  in  more  than  the  one  original  county. 
Proof  of  execution  of  deed  may  be  made  by  one  or  more  of  the  sub- 
scribing witnesses  before  any  court  of  record  in  the  State.  If  not 
accessible,  proof  may  be  made  on  oath  of  two  witnesses  acquainted  with 
the  grantor's  handwriting.  If  the  grantor  or  lessor  is  a  resident  of  this 
State  notice  of  the  time  and  place  of  proving  the  same,  signed  by  a  jus- 
tice, shall  be  delivered  to  him  or  at  his  abode  fourteen  days  prior  to 
the  time  of  proving.  A  justice  may,  upon  complaint  of  an  interested 
party,  issue  a  warrant  to  compel  party  having  an  unrecorded  deed 
to  place  same  on  record  or  commit  him  to  jail  until  the  request  is  com- 
plied with.  ACTION  to  recover  land  limited  to  twenty  years.  DEED 
when  recorded  is  notice.  If  not  acknowledged  may  be  recorded  sixty 
days.  MORTGAGE  redemption  limited  to  two  months.  MECH.  LIENS 
redemption,  ninety  days.  TAX  redemption,  one  year;  highway  tax,  two 
years.     JUDGMENT  redemption  in  thirty  days. 

§305.  New  Jersey— ACKNOWLEDGMENTS— Officer  must  make 
known  the  contents  of  the  instrument  to  the  party  acknowledging  and 
they  must  certify  it  as  their  voluntary  act  and  deed.  IN  THIS  STATE, 
before  the  State  chancellor,  commissioner  of  deeds,  justices  of  the  Su- 
preme Court,  a  master  in  chancery,  a  judge  of  a  Court  of  Common  Pleas, 
deputy  surrogate,  the  certificate  shall  be  written  upon  or  under  the 
instrument.  Same  shall  be  received  in  evidence  in  any  court  of  the 
State.  Any  Common  Pleas  judge  may  take  an  acknowledgment  for 
land  in  any  county  in  the  State;  county  clerks,  register  of  deeds. 
IN  ANOTHER  STATE— Before  the  Chief  Justice  or  Justices  of  the 
United  States  Supreme  Court,  a  master  in  chancery  for  this  State  or 
any  attorney  of  this  State,  any  United  States  Circuit  or  District  Judge, 
any  judge  or  justice  of  the  Supreme  or  Superior  Courts  of  any  State  or 
their  chancellors,  a  commissioner  of  deeds  for  this  State  under  his  seal 
of  office,  any  mayor  or  chief  magistrate  of  any  city,  borough  or  corpora- 
tion under  their  seal,  a  judge  of  Common  Pleas,  each  to  apply  certificate 
of  his  office  and  authorization  under  his  court  or  official  seal.  IN  ANY 
FOREIGN  COUNTRY,  commissioner  of  deeds  for  New  Jersey,  or  master 
in  chancery  for  this  State,  any  mayor  or  chief  magistrate  of  any  city, 
duly  certified  under  the  city  seal,  a  judge  of  any  Court  of  Common 
Pleas,  and  shall  be  as  effectual  as  if  made  before  the  chancellor  of  this 
State,  provided,  that  when  made  before  a  judge  of  a  Court  of  Common 
Pleas  a  certificate  under  the  seal  of  the  State  or  of  the  County  Court 
where  made  shall  be  attached  stating  the  officer  is  such.  PERSONALLY 
known  or  identified  by  subscribing  witnesses  to  the  officer  is  required. 
WITNESS— Two  to  deed,  three  to  a  will.  PRIVATE  SEAL— Scroll  re- 
quired. WOMEN — Age  to  convey,  18  years.  Separate  examination  re- 
quired, and  sign,  seal  and  deliver  same  as  her  voluntary  act  and  deed 
freely  without  fear,  threats  or  compulsion  of  her  husband.  DOWER 
AND  CURTESY — One-third  each  for  life  and  are  conveyed  by  jointure. 
HOMESTEAD— Exemption,  $1,000.  Transferred  by  jointure.  POWER 
OF  ATTORNEY  to  convey  must  be  by  jointure  of  husband  and  wife, 
acknowledged,  signed  and  recorded  as  by  deed.    ACTION  to  recover  land 


CONVEYANCES  AND  ACKNOWLEDGMENTS.       H7 

limited  to  twenty  years.  MORTGAGE  redemption  limited  to  six  months. 
TAX  redemption  limited  to  one  year.  JUDGMENT  lien  limited  to  twenty 
years. 

§  306.  New  Mexico — CONVEYANCE — Any  person  or  body  politic 
holding  any  right  or  title  to  real  estate  in  this  territory  may  convey  the 
same,  subscribed  to  by  the  person  transferring  or  by  his  legal  agent  or 
attorney.  ACKNOWLEDGMENTS  may  be  made,  IN  THE  STATE  be- 
fore a  clerk  of  the  District  Court,  a  judge  or  clerk  of  the  Probate 
Court,  under  the  court  seal,  a  notary  public,  or  a  justice  of  the  peace. 
IN  OTHER  STATES— Before  a  clerk  of  a  court  of  record  having  a  seal, 
a  commissioner  of  deeds  appointed  under  the  laws  of  this  Territory  or  a 
notary  public.  OUTSIDE  THE  UNITED  STATES— Before  a  United 
States  minister,  commissioner,  charge  d  'affaires,  consul-general,  consul, 
vice-consul,  deputy  consul  or  agent,  resident  in  the  country,  a  notary 
public,  having  a  seal.  PERSONALLY  KNOWN  to  the  officer  or  proved 
by  two  reliable  witnesses  and  so  stated.  WITNESSES — None  to  deed; 
two  to  a  will.  PRIVATE  SEALS— Not  required.  WOMEN— A  married 
woman  uniting  with  her  husband  in  the  execution  shall  be  described  as 
his  wife.  Her  acknowledgments  shall  be  taken  and  certified  as  if  she 
were  sole.  Not  necessary  to  join  with  him.  No  separate  examination 
is  required.  A  married  woman  need  not  personally  appear  before  the 
officer.  She  may  sign  and  convey  any  conveyance  through  an  attorney, 
who  may  be  authorized  in  writing  by  a  power  of  attorney  executed 
and  acknowledged  by  herself  and  husband  as  authorized  by  law. 
DOWER  AND  CURTESY— Abolished.  HOMESTEAD— Exemption,  $1,- 
000;  conveyed  by  jointure  of  husband  and  wife.  POWER  OF  AT- 
TORNEY shall  be  certified  and  registered,  and  revoked  only  in  writing 
and  by  record.  ABSTRACTS  under  the  seal  of  any  title  abstract  com- 
pany incorporated  and  doing  business  in  this  territory  shall  be  received 
in  all  courts  of  this  territory  in  evidence.  A  false  certificate  by  an 
officer  of  such  company  or  any  person  shall,  upon  conviction,  subject 
to  a  fine  of  not  more  than  five  hundred  dollars  or  imprisonment  in  the 
penitentiary  not  to  exceed  three  years,  or  both.  Foreigners  shall  have 
full  power  to  acquire  and  hold  real  estate  by  deed,  will  or  inheritance 
when  acquired  in  good  faith  same  as  a  citizen  of  the  United  States. 
Also  to  aliens  to  sell,  assign  and  transfer  same.  ACTION  to  recover 
land  limited  to  ten  years.  MORTGAGE  redemption  limited  to  one  year. 
MECH.  Lien  redemption,  one  year.  TAX  redemption,  three  years. 
JUDGMENT  redemption,  one  year. 

§307.  New  York— ACKNOWLEDGMENTS  of  deeds  in  the  State 
may  be  made  before  a  justice  of  the  Supreme  Court  anywhere  in  the 
State,  before  a  judge,  clerk,  deputy  clerk,  special  deputy  clerk  of  a  court, 
a  notary,  mayor,  or  recorder  of  a  city,  a  justice  of  the  peace,  surrogate, 
special  surrogate,  special  county  judge  or  commissioner  of  deeds,  within 
the  district  of  their  appointment.  IN  OTHER  STATES,  before  a  judge 
of  the  Supreme  Court,  of  the  Circuit  Court  of  Appeals,  or  of  the  District 
Court  of  the  United  States,  a  judge  of  the  Supreme,  Superior  or  Circuit 
Court  of  a  State,  a  mayor  of  a  city,  a  commissioner  appointed  for  that 
purpose   by   the   Governor   of  the   State,   any   officer   authorized   by   the 


118  NOTAEIES  PUBLIC. 

laws  thereof  to  take  acknowledgments,  each  acting  within  their  juris- 
diction or  court.  When  taken  by  a  commissioner  appointed  by  the  Gov- 
ernor for  a  city  or  county  within  the  United  States,  and  without  this 
State,  the  certificate  must  also  state  the  day  on  which  and  the  town 
and  county  or  the  city  in  which  it  was  taken.  IN  FOEEIGN  COUN- 
TEIES,  before  a  United  States  ambassador,  minister  plenipotentiary, 
minister  extraordinary,  minister  resident,  or  charge  d  'affaires,  residing 
and  accredited  within  the  country,  a  consul-general,  vice-consul-general, 
deputy  consul  general,  vice-consul  or  deputy  consul,  a  consular  or  vice- 
consular  agent,  or  a  consul  or  commercial  or  vice-commercial  agent  of 
the  United  States  residing  in  the  country,  a  commissioner  appointed 
by  the  Governor  and  acting  within  his  jurisdiction,  a  person  specially 
authorized  for  that  purpose  by  a  commission  under  the  seal  of  the  Su- 
preme Court  issued  to  a  reputable  person  residing  in  or  going  to  the 
country,  under  seal.  If  within  the  Dominion  of  Canada,  it  may  also 
be  made  before  any  judge  of  a  court  of  record,  or  before  any  officer  of 
such  dominion  authorized  by  the  laws  thereof.  If  within  the  United 
Kingdom  of  Great  Britain  and  Ireland  or  the  dominion  thereunto  be- 
longing, it  may  also  be  made  before  the  mayor,  provost  or  other  chief 
magistrate  of  a  city  or  town  therein,  or  a  notary.  The  certificate  must 
be  under  the  hand  and  seal  of  the  officer  taking,  or  the  seal  of  the 
office  to  which  he  is  attached.  A  clerk's  certificate  authenticating  a 
certificate  of  acknowledgment  taken  before  a  judge  or  court  of  record 
in  Canada  must  specify  that  there  is  such  a  court,  that  the  judge  before 
whom  the  acknowledgment  was  taken  was,  when  it  was  taken,  a  judge 
thereof,  that  such  court  has  a  seal,  that  the  officer  authenticating  is 
clerk  thereof,  that  he  is  well  acquainted  with  his  handwriting  and  be- 
lieves his  signature  is  genuine.  An  officer  authenticating  a  certificate 
of  acknowledgment  or  proof  must  subjoin  or  attach  to  the  original 
certificate  under  his  hand,  and  if  he  has,  pursuant  to  law,  an  official 
seal,  under  such  seal.  Except  when  the  original  certificate  is  made  by 
a  judge  of  a  court  of  record  in  Canada,  such  certificate  of  authentication 
must  specify  that  at  the  time  of  taking  the  acknowledgment  or  proof 
the  officer  taking  it  was  duly  authorized  to  take  the  same,  that  the  au- 
thenticating officer  is  acquainted  with  the  former's  handwriting,  or  has 
compared  the  signature  to  the  original  certificate  with  that  deposited 
in  his  office,  and  that  he  believes  it  genuine.  If  the  original  certificate 
is  required  to  be  under  seal  he  must  also  verify  that.  A  certificate  of, 
made  within  the  State,  by  a  commissioner  of  deeds,  justice  of  the 
peace,  or,  except  as  otherwise  provided  by  law,  by  a  notary  public,  does 
not  entitle  the  conveyance  to  be  read  in  evidence  or  recorded,  except 
within  the  county  in  which  the  officer  resides  at  the  time  of  making 
such  certificate,  unless  authenticated  by  a  certificate  of  the  clerk  of  the 
same  county.  This  does  not  apply  to  a  conveyance  executed  by  an  agent 
for  the  Holland  Land  Company  or  of  the  Pultney  estate,  lawfully  au- 
thorized to  convey  real  property.  In  the  following  cases  a  certificate  of 
acknowledgment  or  proof  is  not  entitled  to  be  read  in  evidence  or  re- 
corded unless  authenticated  by  the  following  officers,  respectively:  Where 
the  original  certificate  is  made  by  a  commissioner  appointed  by  the  Gov- 


CONVEYANCES  AND  ACKNOWLEDGMENTS.  119 

ernor,  by  the  Secretary  of  State,  where  made  by  a  judge  of  a  court  of  rec- 
ord in  Canada  by  the  clerk  of  the  court,  where  made  by  the  officer  of  a 
State  of  the  United  States  or  of  the  Dominion  of  Canada  authorized  by 
the  laws  thereof  to  take  the  acknowledgment  or  proof  of  deeds  to  be 
recorded  therein  by  the  Secretary  of  State  of  the  State,  or  the  clerk, 
register,  recorder  or  prothonotary  of  the  county  in  which  the  officer 
making  the  original  certificate  resided,  when  certificate  was  made,  or 
by  the  clerk  of  any  court  of  that  county  having  by  law  a  seal.  The 
officer  within  State  can  compel  the  subscribing  witness  to  attend 
and  testify  before  him  concerning  the  execution  of  the  conveyance.  Re- 
fusal to  testify  forfeits  to  the  person  injured  one  hundred  dollars  and 
commitment  to  prison  by  the  officer,  there  to  remain  without  bail  and 
without  liberties  of  the  jail  until  he  answers  under  oath.  The  officer 
must  indorse  upon  or  attach  to  the  instrument  a  certificate,  signed  by 
himself,  stating  all  matters  required  to  be  done,  known  or  proved,  to- 
gether with  the  name  and  substance  of  the  testimony  of  each  witness 
examined,  and  if  a  subscribing  witness,  his  place  of  residence.  MAR- 
RIED WOMEN  may  acknowledge  the  same  as  if  unmarried.  Age  21. 
OFFICER  MUST  know  the  party  acknowledging  or  have  satisfactory 
evidence  that  the  party  making  it  is  the  one  who  executed  the  instru- 
ment. When  proof  is  made  by  a  subscribing  witness  he  must  state 
his  residence,  that  he  knows  the  party.  Officer  must  know  the  witness 
to  be  the  subscribing  witness.  WITNESSES — None  if  acknowledged; 
two  to  will.  PRIVATE  SEAL— Scroll  required.  DOWER — One-third 
for  life  for  widow;  conveyed  by  jointure.  HOMESTEAD — Exemption, 
$1,000.  POWER  OF  ATTORNEY  to  convey  by  married  woman  does 
not  require  husband 's  concurrence,  but  she  must  acknowledge  and  sign 
same  in  a  private  examination.  ACTION  to  recover  land  limited  to 
twenty  years.  ESTATES  TAIL  limited  to  lives  of  two  in  being.  HUS- 
BAND and  wife  can  convey  to  each  other.  JUDGMENT  liens  limited  to 
twenty  years.  MECH.  Liens,  action  expires  in  one  year;  redeemed  be- 
fore action.  MORTGAGE  lien  limited  to  twenty  years.  TAX  redemp- 
tion, one  year.     RECORDING  is  notice;  deeds  void  unless  recorded. 

§308.  North  Carolina— PROOF  OR  ACKNOWLEDGMENTS— All 
deeds  conveying  lands,  letters  of  attorney  or  other  instruments  requir- 
ing registration  must  be  offered  for  probate,  or  a  certified  copy  thereof 
must  be  exhibited  before  the  clerk  of  the  Superior  Court  of  any  county. 
When  the  grantor  or  maker,  or  subscribing  witness,  resides  in  the  county 
where  the  land  lies,  the  instrument  must  be  acknowledged  or  proved  on 
the  oath  of  such  subscribing  witness  before  the  clerk  of  the  Superior 
or  of  the  inferior  court,  or  before  a  notary,  justice  of  the  peace  of  the 
county,  who  shall  certify  thereon,  it  shall  then  be  admitted  to  probate 
and  registration.  If  the  grantor  or  subscribing  witness  reside  in  another 
county  of  the  State  it  must  be  acknowledged  by  the  grantor  or 
proved  by  the  oath  of  such  subscribing  witness  before  a  judge  of  the  Su- 
preme or  of  the  Superior  Court,  or  before  the  clerk  of  the  Superior  Court 
or  of  the  inferior  court,  or  a  notary,  or  justice  of  the  peace  of  the  county 
where  the  grantor  or  witness  resides.  If  before  a  justice  of  the  peace, 
the  clerk  of  the  Superior  Court  of  that  county  must  certify  upon  it  the 


120  NOTARIES  PUBLIC. 

fact  of  acknowledgment  or  proof,  and  that  such  justice  was,  at  the  time 
of  taking,  an  acting  justice  of  the  county,  and  the  clerk  of  the  Superior 
Court  of  the  county  where  the  land  lies  shall  order  the  same,  with  his 
certificate  attached,  to  be  registered.  IF  THE  GRANTOR  OR  WIT- 
NESS RESIDE  in  another  State  it  may  be  taken  before  a  judge,  clerk 
of  a  court  of  record,  notary  public  having  a  seal,  mayor  of  a  city  hav- 
ing a  seal,  or  justice  of  the  peace  of  that  State.  The  certificate  of  the 
judge,  clerk  of  the  court  of  record  must  be  under  the  seal  of  the  court, 
the  mayor  or  notaries  under  their  respective  seals.  If  in  proper  form 
the  justice's  certificate  must  be  certified  to  by  the  clerk  of  his  County 
Court,  stating  that  the  justice  was  at  the  time  of  the  taking  an  acting 
justice  of  said  county  of  the  State,  that  the  signature  is  in  his  own 
proper  handwriting.  If  the  certificate  is  in  proper  form  the  clerk  shall 
order  it  to  be  recorded.  IF  THE  GRANTOR  AND  WITNESS  RE- 
SIDE OUTSIDE  THE  UNITED  STATES  it  may  be  personally  acknowl- 
edged by  the  grantor  or  proved  on  oath  of  the  witness  before  the  chief 
magistrate  of  any  city  in  the  country  where  these  parties  reside,  or 
before  any  ambassador,  minister,  consul  or  commercial  agent  of  the 
United  States,  and  if  certified  under  the  corporate  seal  of  the  chief 
magistrate  or  of  the  official  seal  of  any  of  the  others  with  their  certifi- 
cate affixed  the  clerk  shall  order  it  recorded  with  his  certificate  in  addi- 
tion to  that  of  the  others.  PERSONALLY  KNOWN — Personal  appear- 
ance necessary.  Personal  knowledge  of  is  not  required.  WITNESSES — 
one  or  more  to  a  deed;  two  to  a  will.  PRIVATE  SEAL — Scroll  re- 
quired. WOMEN — Age  to  convey,  21  years.  Married  women  can  convey 
their  separate  property.  Separate  examination  of  married  woman  is 
necessary.  Also  necessary  to  a  chattel  mortgage.  DOWER  AND  CUR- 
TESY— One-third  life.  Conveyances  made  by  jointure  of  husband  and 
wife.  HOMESTEAD— Exemption,  $1,000.  Conveyed  by  jointure. 
POWER  OF  ATTORNEY— Can  so  convey.  Must  be  jointly  by  husband 
and  wife.  Action  to  recover  land  limited  to  twenty  years.  Estate  tail 
abolished.  Judgment,  Mech.  Lien,  mortgage  Lien,  limited  to  ten  years. 
Tax  redemption,  one  year. 

§  309.  North  Dakota— ACKNOWLEDGMENTS— IN  THE  STATE, 
before  a  justice  or  clerk  of  the  Supreme  Court  or  notary  public.  Within 
the  jurisdiction  of  a  judge  or  clerk  of  a  court  of  record,  mayor  of  a  city, 
register  of  deeds,  justice  of  the  peace,  county  auditor,  or  a  United  States 
Circuit  or  District  Court  commissioner,  or  county  auditor.  Without 
this  State  but  within  the  United  States  and  within  the  officer's  jurisdic- 
tion, a  justice,  judge  or  clerk  of  any  court  of  record,  a  notary  or  any 
officer  so  authorized  by  the  laws  of  his  State,  a  commissioner  of  deeds 
appointed  by  the  Governor  of  this  State.  Without  the  United  States, 
before  a  minister,  commissioner  or  charge  d  'affaires  of  the  United  States 
resident  and  accredited  in  the  country,  a  consul,  vice-consul,  or  consular 
agent  resident  in  the  country,  a  judge,  clerk,  register  or  commissioner 
of  a  court  of  record,  a  notary  public,  any  officer  so  authorized  by  the 
laws  of  the  country.  Officer  must  authenticate,  by  using  their  seal  of 
office  if  they  have  one,  their  signature  and  title.  An  acknowledgment 
before  a  justice  of  the  peace  to  be  used   outside  his  county  must  be 


CONVEYANCES  AND  ACKNOWLEDGMENTS.  121 

accompanied  with  the  certificate  of  a  clerk  of  a  county  court  or  any  other 
court  of  record  under  his  hand  and  seal  of  office  stating  that  such 
justice  at  the  taking  was  authorized  to  be  the  same  and  that  the  clerk 
is  acquainted  with  his  handwriting  and  believes  the  signature  genuine. 
Cannot  be  taken  by  a  party  in  interest.  PERSONALLY  known  to  the 
officer  or  proved  by  witnesses  is  required.  WITNESSES — Two  to  will; 
none  to  a  deed.  PRIVATE  SEALS— Abolished.  WOMEN— Age  to  con- 
vey, 18.  Convey  same  as  if  single.  Separate  examination  not  required. 
DOWER  AND  CURTESY— Abolished.  HOMESTEAD— Exemption, 
$5,000.  Conveyed  by  jointure  of  husband  and  wife.  POWER  OF  AT- 
TORNEY. Conveyance  so  made  as  by  deed.  ACTION  to  recover  land 
limited  to  twenty  years.  MORTGAGE  redemption  limited  to  one  year. 
MECH.  LIEN — Claim  to  be  filed  in  ninety  days;  suit  to  begin  in  thirty 
days  after.  TAX  redemption  limited  to  three  years.  JUDGMENT 
lien  redemption  in  one  year;  lien  limited  to  ten  years. 

§310.  Ohio— ACKNOWLEDGMENTS— IN  THE  STATE,  before  a 
judge  of  a  court  of  record  or  its  clerk,  county  auditor,  surveyor  or  notary, 
mayor  or  justice  of  the  peace,  certified  and  signed  on  document,  a  com- 
missioner of  deeds  for  Ohio  or  United  States  consul.  PERSONALLY 
KNOWN  or  proved  to  the  officer  and  personal  appearance  necessary. 
WITNESSES— Two  required  to  deeds;  two  to  a  will.  PRIVATE  SEALS 
— Abolished,  except  corporations.  WOMEN — Age  to  convey,  16;  may 
convey  as  if  unmarried.  Separate  examination  not  required.  DOWER 
— Exists  as  to  widow  and  widower,  one-third  the  estate  for  life.  CUR- 
TESY—Abolished.  POWER  OF  ATTORNEY  acknowledged  same  as 
deed,  etc.  ACTION  to  recover  land  limited  to  twenty-one  years. 
If  a  disability,  ten  years  after  the  removal.  ESTATE  TAIL  limited 
to  life  in  being.  HOMESTEAD  exemption,  $1,000.  DEED  is  notice 
when  recorded.  MORTGAGE  redemption  limited  to  thirty  days.  TAX 
redemption  limited  to  two  years.  JUDGMENT  redemption  before  thirtv 
days;  lien  limited  to  five  years. 

§311.  Oklahoma— ACKNOWLEDGMENTS  may  be  taken  IN  THE 
TERRITORY  before  a  justice  of  the  peace,  notary  public,  county  clerk, 
or  clerk  of  the  District  Court,  Probate  Judge.  OUTSIDE  THE  TERRI- 
TORY, by  any  notary  public,  clerk  of  a  court  of  record,  commissioner 
of  deeds  appointed  by  the  Governor  for  this  territory.  IN  A  FOREIGN 
COUNTRY,  by  any  court  of  record  or  its  clerk,  or  any  United  States 
consul,  must  be  taken  under  the  officer's  seal,  except  justices  of  the 
peace.  PERSONALLY  known  or  proved  to  officer  is  required.  WIT- 
NESSES— None  required  to  deeds;  two  to  a  will.  PRIVATE  SEALS — 
Dispensed  with.  WOMEN — Age  to  convey,  18  years.  Wife  may  convey 
as  if  unmarried.  Separate  examination  not  required.  DOWER  AND 
CURTESY— Abolished.  Contract  as  if  single.  HOMESTEAD — Exemp- 
tion, 160  acres;  in  city,  one  acre.  Released  by  wife  joining  husband  in 
deed.  POWER  OF  ATTORNEY  to  convey  real  estate  must  be  signed, 
acknowledged  and  recorded  same  as  a  deed.  Release  of  mortgage  may 
be  made  on  the  margin  of  the  record  by  the  holder  or  his  agent  or  it 
may  be  made  on  a  separate  instrument  signed  and  acknowledged  and  re- 
corded.    ACTION  to  recover  land  limited  to  fifteen  yeais.     MORTGAGE 


122  NOTARIES  PUBLIC. 

redemption   one   year.      MECH.   Lien   suit   brought   in   one   year.      TAX 
redemption,  two  years.     JUDGMENT  lien  limited  to  five  years. 

§312.  Oregon— ACKNOWLEDGMENT— TAKEN  IN  THIS  STATE 
by  a  judge  of  the  Supreme  Court,  county  judge,  justice  of  the  peace  or 
notary  in  the  State,  certified  and  dated  under  their  hand.  In  any  other 
State,  according  to  its  laws  and  acknowledged  before  any  judge  of  a 
court  of  record,  justice  of  the  peace,  notary  public,  or  other  authorized 
officer  by  the  State 's  laws,  or  a  commissioner  appointed  by  the  Governor 
of  this  State  for  the  purpose.  Unless  taken  before  a  commissioner  ap- 
pointed by  the  Governor  of  this  State  for  the  purpose,  or  a  notary  cer- 
tified under  his  official  seal,  or  before  the  clerk  of  a  court  of  record 
certified  under  the  seal  of  the  court,  it  shall  have  attached  a  certificate 
of  the  clerk  or  other  proper  certifying  officer  of  a  court  of  record  of 
the  county  or  district,  under  the  seal  of  his  office,  that  the  person  whose 
name  is  subscribed  to  the  certificate  was  at  the  date  such  officer,  that  he 
believes  the  signature  genuine,  that  the  deed  is  executed  according 
to  the  law  of  the  State.  In  a  foreign  country  it  may  be  executed  to  the 
law  of  the  country  and  acknowledged  before  a  notary  or  a  United  States 
minister  plenipotentiary  or  extraordinary,  minister  resident,  charge 
d  'affaires,  commissioner,  or  consul,  appointed  to  reside  there  and  certi- 
fied under  his  hand.  The  notary's  seal  shall  be  attached  to  his  acknowl- 
edgment. TELEGRAPHIC  copy  of  acknowledgment  may  be  admitted 
to  record.  PERSONALLY  known  or  identified  to  officer  by  subscribing 
witness  required,  and  personal  appearance.  WITNESSES — Two  to  a 
deed  or  will.  PRIVATE  SEAL— Scroll.  WOMEN— Age  of,  18.  May 
convey  by  joining  husband,  stating  she  executes  it  freely  and  volun- 
tarily, any  time  after  marriage.  Out  of  the  State  she  can  execute 
same  as  if  single  her  separate  property.  Separate  examination  not  re- 
quired. DOWER  AND  CURTESY — Husband  and  wife  have  a  one-third 
life  interest  in  each  other's  property.  Conveyance  by  jointure.  HOME- 
STEAD— $1,500  as  long  as  occupied.  Conveyance  jointly.  POWER  OF 
ATTORNEY — Can  so  convey  same  as  by  deed  if  unmarried;  if  married, 
by  jointure.  Either  can  convey  their  separate  property  without  jointure. 
ACTION  to  recover  land  limited  to  ten  years.  MORTGAGE  redemption 
in  one  year.  MECH.  LIEN  redemption,  one  year  before  sale.  TAX 
redemption,  three  years.  JUDGMENT  redemption,  one  year;  lien  limited 
to  ten  years. 

§313.  Pennsylvania— ACKNOWLEDGMENTS— All  deeds  to  be  ac- 
knowledged or  proved.  IN  THE  STATE,  before  one  of  the  judges  of  the 
Supreme  Court  or  one  of  the  justices  of  the  Court  of  Common  Pleas  Of 
the  county  where  the  land  lies.  Acknowledgments  for  lands  in  the  State 
made  before  the  president  of  the  Court  of  Common  Pleas  for  the  County 
of  Philadelphia  or  the  president  of  the  Court  of  Common  Pleas  in  any 
other  county  of  this  State  shall  be  as  effectual  in  law  as  if  made  before 
one  of  the  judges  of  the  Supreme  Court.  If  before  any  assistant  or  as- 
sociate judge  of  the  Courts  of  Common  Pleas  it  shall  be  equally  effectual. 
The  mayor  and  recorder  of  the  City  of  Philadelphia,  the  master  of  the 
rolls  and  the  justices  of  the  peace  of  the  State  can  take  in  their  county. 
Aldermen  of  the  City  of  Philadelphia  can  take,  recorders  of  deeds  in 


CONVEYANCES  AND  ACKNOWLEDGMENTS.  123 

their  county  or  city,  under  their  hand  and  official  seal.  IN  OTHER 
STATES,  United  States  commissioners,  by  officers  authorized  by  the 
State's  laws.  FOREIGN  commissioners  in  chancery  certified  under  their 
seals.  Certificates  and  seals  of  officers  outside  this  State  are  not  required 
to  be  proved,  accepted  as  prima  facie  evidence.  The  certificate  of  a  justice 
of  the  peace  or  alderman  must  be  verified  by  the  clerk  or  prothonotary 
of  a  court  of  record,  under  court  seal.  MILITARY — A  major,  or  higher 
officer,  can  take  acknowledgments  in  the  army.  Corporations  may  em- 
ploy its  attorney  to  acknowledge  its  documents — See  forms.  Army  and 
Navy  and  Government  officers  in  Porto  Rico,  Cuba,  Philippine  Islands, 
can  take.  PERSONALLY  KNOWN  or  proved  to  officer  is  required. 
WITNESSES— One  required  to  a  deed;  two  to  wills.  PRIVATE  SEALS 
— Scroll  required.  WOMEN — Married,  to  convey  property  with  husband 
joining  in  the  deed.  Separate  examination  of  married  women  not  re- 
quired. DOWER  AND  CURTESY— Exist ;  one-third  for  life  if  there  are 
children;  one-half  if  there  are  no  children.  POWER  OF  ATTORNEY 
— Married  women  can  release  their  own  estates  by  power  of  attorney, 
without  husband  joining,  when  duly  acknowledged  and  recorded.  AC- 
TION for  recovery  of  lands  limited  to  twenty-one  years,  or  ten  years 
after  a  disability;  fifteen  years  for  existing  rights;  seven  years  quiet 
possession;  forty  years  bars  the  world.  HOMESTEAD  exemption,  $500. 
JUDGMENT  liens  limited  to  five  years.  MECHANIC  liens  to  be  filed  in 
six  months;  limit  of  lien,  five  years.  MORTGAGE  redemption,  three 
months;  may  be  extended  one  year  on  filing  notice  of  agreement.  TAX 
redemption  limited  to  two  years. 

§314.  Philippine  Islands— ACKNOWLEDGMENTS  taken  by  no- 
taries. HOMESTEAD  exemptions,  150  pesos.  JUDGMENT  and  execu- 
tions limited  to  five  years.  WILLS — Any  one  of  sound  mind  of  legal  age 
can  make  a  will.  Must  be  in  writing,  signed  by  the  testator  or  by 
some  one  in  his  presence  and  at  his  request  and  direction,  attested  and 
subscribed  in  his  presence  by  three  credible  witnesses. 

§  315.  Porto  Rico — Property  is  divided  into  movable  (personal)  and 
immovable  (realty).  Ownership  is  acquired  by  retention,  and  trans- 
mitted by  gift,  by  testate  or  intestate  succession  and  in  consequence  of 
certain  contracts  by  tradition.  Things  are  acquired  by  retention,  which 
can  be  appropriated  by  reason  of  their  nature,  viz:  those  having  no 
owners,  such  as  animals  which  are  the  object  of  hunting  and  fishing, 
hidden  treasure,  and  abandoned  property.  Succession  is  the  transmis- 
sion of  the  rights  and  obligations  of  a  deceased  person  to  his  heirs. 
May  be  disposed  of  by  will.  All  persons  over  14  years  may  dispose  by 
will  if  of  sound  mind.  Ordinary  wills  may  be  holographic,  open  or  closed. 
Military  and  marine  wills  are  special.  Acknowledgments — Notaries  and 
commissioners  can  take.  WITNESSES — Two  to  a  will.  WILLS — Notary 
and  witness  must  know  the  testator.  Persons  blind,  or  unable  to  read, 
cannot  make  a  will.  Deaf  and  dumb  who  can  write  may  execute  a  closed 
will.  It  must  be  written  entirely  and  signed  by  the  testator,  stating 
place,  day  and  month.  The  notary  certifying  same,  then  delivers  it 
to  the  testator,  retaining  a  certified  copy  in  his  private  protocol.  If 
testator  leaves  his  with  the  notary,  latter  to  give  a  receipt  for  same, 


124 


NOTARIES  PUBLIC. 


and  make  a  memorandum.  It  must  be  presented  in  court  within  tea 
days  of  the  testator's  death.  A  closed  will  must  have  five  witnesses, 
three  of  whom  must  be  able  to  sign.  The  testator  must  state  what 
it  is,  who  wrote  it  and  what  changes  and  interlineations  have  been 
made.  Statement  must  be  made  in  the  presence  of  the  witnesses.  All 
of  which  the  notary  must  note  on  the  back  of  the  envelope,  with  a 
note  of  the  number  of  seals  on  outside  and  that  every  legal  require- 
ment has  been  complied  with,  that  the  testator  is  known  to  him,  that  he 
is  capable  of  making  same.  The  memorandum  shall  be  read  to  the  tes- 
tator signed  by  the  testator  and  the  witnesses.  Notary  must  authen- 
ticate with  his  name  and  seal.  A  holographic  will  is  written  by  the 
testator  in  his  own  hand  and  signed  by  him  and  dated.  The  party 
receiving  it  must  within  ten  days  of  the  death  of  the  testator  present 
same  to  the  District  court.  Otherwise  he  is  liable.  The  notary  and 
witnesses  must  be  present  when  proven  in  court.  An  open  will  is  one 
in  which  the  testator  expresses  his  desire  in  the  presence  of  the  persons 
who  must  authenticate  it;  must  be  executed  by  a  notary  in  presence 
of  three  witnesses;  must  be  read  aloud  to  the  testator;  signed  by  all; 
one  of  the  witnesses  can  sign  for  the  testator,  the  notary  stating  same; 
must  be  read  thrice  if  party  is  blind.  A  closed  will  is  one  SEALED  and 
delivered  by  the  testator,  in  an  envelope,  sealed  with  wax,  to  the  parties 
whom  he  wishes  to  authenticate  it,  declaring  it  to  be  his  last  will  and 
testament.  No  one  can  be  a  witness  to  a  will  who  is  under  the  age 
of  14,  a  non-resident  of  the  place  of  its  execution,  blind,  deaf  or  dumb, 
unfamiliar  with  the  language  of  the  testator;  criminals  or  those  con- 
victed for  forgery,  perjury;  clerks,  amanuenses,  servants,  relatives 
within  the  fourth  degree  of  consanguinity  or  second  of  affinity  of  the 
notary  who  authenticates  the  will;  neither  heirs,  legatees  named  in 
an  open  will,  nor  the  relatives  of  the  same  within  the  fourth  degree 
of  consanguinity  or  second  of  affinity.  The  notary  and  two  witnesses 
must  know  the  testator  or  have  him  identified  by  two  witnesses.  They 
must  be  sure  the  testator  has  legal  capacity.  The  burden  of  proof 
falls  on  them  when  the  will  is  proved.  It  must  be  written  in  English 
and  Spanish.  Wills  may  be  executed  without  a  notary,  in  the  presence 
of  three  witnesses  over  16  years  of  age,  but  must  be  reduced  to  writing 
by  a  notary  within  two  months.  If  the  testator  die  before,  application 
must  be  made,  within  three  months  after,  to  the  proper  court  to  have 
same  reduced  to  writing.  All  interlineations  in  the  wills  must  be  fully 
explained   in   the    document. 

§316.  Rhode  Island— ACKNOWLEDGMENTS— Within  the  State, 
to  be  before  any  State  senator,  judge,  justice  of  the  peace,  mayor,  notary 
public,  town  clerk,  or  recorder  of  deeds.  Other  States,  before  any 
judge,  or  justice  of  a  court  of  record  or  other  court,  justice  of  the 
peace,  mayor  or  notary  of  the  State,  District  of  Columbia,  or  territory, 
in  which  it  is  made,  or  before  a  commissioner  of  deeds  appointed  by 
the  Governor  of  this  State,  provided,  that  if  proved  in  the  manner 
prescribed  by  the  laws  of  the  State,  etc.,  where  executed,  it  shall  be 
deemed  to  be  legally  executed,  and  shall  have  the  same  effect  as  if 
executed    as    above    described.     Acknowledgments    taken    without    the 


CONVEYANCES  AND  ACKNOWLEDGMENTS.  125 

United  States  may  be  before  any  United  States  ambassador,  minister, 
charge  d'  affaires,  consul-general,  vice-consul-general,  consul,  vice-consul, 
consular  agent,  or  commercial  agent,  or  before  any  commissioner  ap- 
pointed by  the  Governor  of  this  State  in  the  country  where  the 
acknowledgment  is  taken,  provided  that  such  acknowledgment  may  also 
be  made  within  or  without  the  limits  of  this  State  by  any  person 
actually  engaged  in  the  military  or  naval  service  of  the  United  States, 
before  any  colonel,  lieutenant-colonel,  or  major  in  the  army,  or  any 
officer  in  the  navy  not  below  the  grade  and  rank  of  lieutenant-com- 
mander. PEESONALLY  KNOWN  and  personally  to  appear  (or  proved) 
to  officer,  is  required.  WITNESSES — None  to  deeds,  two  to  wills. 
PRIVATE  SEALS— Abolished.  WOMEN— Married,  may  convey  same 
as  if  single.  Separate  examination,  no;  to  be  free  act  and  deed.  May 
convey  directly  to  or  receive  from  her  husband.  DOWER  AND 
CURTESY — One-third  in  fee  simple,  one-half  if  no  issue,  and  are  con- 
veyed by  jointure.  POWER  OF  ATTORNEY  may  be  made  by  acknowl- 
edging and  signing  same  as  by  deed.  MORTGAGE  redemption,  two 
months.  TAX  redemption,  one  year.  MECHANIC'S  Lien  limited  to 
four  months.     JUDGMENTS  issue  at  once. 

§317.  South  Carolina— ACKNOWLEDGMENTS— A  deed  to  be  en- 
titled to  record  in  this  State  must  be  proved  by  the  affidavit  of  a  sub- 
scribing witness  before  an  officer  in  this  State  competent  to  administer 
an  oath,  a  commissioner  appointed  by  dedimus  of  the  County  Common 
Pleas  Court  clerk,  a  commissioner  of  deeds  of  this  State,  clerk  of  a 
court  of  record  under  his  official  seal,  a  notary  under  his  official  seal 
accompanied  by  the  certificate  of  his  official  character,  by  a  clerk  of 
a  court  of  record  of  the  county  where  affidavit  is  made,  or  before  a 
consul,  vice-consul  or  consular  agent  of  the  United  States.  If  the 
witness  be  dead  or  not  accessible  the  instrument  may  be  proved  on 
the  handwriting  of  the  parties.  WITNESSES — Two  required,  in  the 
presence  of  whom  the  release  is  to  be  made  and  signed  and  endorsed 
by  County  Auditor,  three  to  a  will.  PRIVATE  SEALS— Scroll  required. 
WOMEN — Any  married  woman  may  convey.  CURTESY — Abolished. 
HOMESTEAD— $1,000  allowed;  conveyed  by  jointure.  POWER  OF  AT- 
TORNEY— Married  women  may  so  convey  their  separate  estates. 
DOWER — One-third.  Wife  may  renounce  by  separate  instrument,  hus- 
hand  to  join  .  in  the  deed.  Separate  examination  required  that  she 
freely  and  voluntarily  without  compulsion  conveys.  ACTION  to  recover 
land  limited  to  ten  years.  Must  have  had  possession  in  forty  years 
or  ancestors.  ESTATES  TAIL  limited  to  life  in  being.  DEED  to  be 
recorded  in  forty  days.  JUDGMENT  Lien  limited  to  twenty  years. 
MORTGAGE  redemption  in  one  year.  MECHANIC'S  Lien  redemption 
one  year.     TAX  redemption  six  months,  quieted  in  ten  years. 

§318.  South  Dakota— ACKNOWLEDGMENTS  taken— in  the  State, 
before  a  justice  or  clerk  of  the  Supreme  Court  or  notary  anywhere, 
before  a  judge  or  clerk  of  a  court  of  record,  mayor  of  a  city,  register 
of  deeds,  justice  of  the  peace,  United  States  Circuit  or  District  Court 
commissioner,  county  clerk,  county  auditor,  within  their  jurisdiction. 
Out  of  the  State,  before  a  justice,  judge  or  clerk  of  any  court  of  record 


126  NOTARIES  PUBLIC. 

of  the  United  States,  a  justice,  judge  or  clerk  of  any  court  of  record 
of  any  State,  a  notary,  or  any  officer  so  authorized  by  the  State  where 
the  same  is  being  taken,  a  commissioner  of  deeds  appointed  by  the 
Governor  of  this  State.  Can  be  taken  without  the  United  States, 
before  a  minister,  commissioner,  or  charge  d '  affaires  of  the  United 
States,  resident  or  accredited  to  the  country  where  same  is  taken,  a 
consul,  vice-consul,  consular  agent  of  United  States  therein  resident,  a 
judge,  clerk,  or  commissioner  of  a  court  of  record,  a  notary  public, 
their  deputy  if  they  are  authorized  to  have  such.  ACKNOWLEDG- 
MENT of  party  or  corporation  must  be  made  to  the  instrument  before 
it  can  be  recorded.  PARTY  MUST  BE  PERSONALLY  KNOWN  to 
the  officer,  or  identity  proved  on  oath  or  affirmation  of  a  credible 
witness.  Officer  must  affix  his  name,  office  and  seal  to  the  instrument. 
WITNESSES— Two  to  a  will;  none  required  to  deeds.  PRIVATE 
SEALS — Abolished.  WOMEN — Married,  convey  as  if  single.  Age  to 
convey,  18.  Separate  examination  not  required.  DOWER  AND  CUR- 
TESY— Abolished.  HOMESTEAD — Exemption,  160  acres  or  one  town 
lot.  Conveyance  jointly.  POWER  OF  ATTORNEY  to  convey  lands 
acknowledged  and  recorded,  same  as  by  deed,  is  valid.  ACTION  to 
recover  land  limited  to  twenty  years.  JUDGMENT  redemption  one 
year;  lien  limited  to  ten  years.  MECHANIC'S  Lien  redemption  one 
year.    MORTGAGE  redemption  one  year.    TAX  redemption  two  years. 

§319.  Tennessee— ACKNOWLEDGMENTS— If  within  the  State, 
before  the  county  clerk  or  his  legal  deputy,  or  a  notary  public.  In 
another  State,  before  a  commissioner  for  this  State,  a  notary  public. 
In  a  foreign  country,  before  a  commissioner  for  this  State,  a  notary 
public,  a  United  States  minister,  consul,  or  ambassador.  If  made 
before  a  notary,  commissioner,  consul,  minister  or  ambassador  he  shall 
certify  under  his  seal  of  office.  If  made  before  a  judge,  he  shall  make 
the  certificate  and  his  court  clerk  shall  certify  it  under  his  seal  of 
office;  if  there  be  no  seal,  then  under  his  private  seal,  stating  the 
official  character  of  the  judge,  or  it  may  be  certified  by  the  Governor. 
If  made  before  a  court  of  record  a  copy  of  the  entry  on  the  record 
shall  be  certified  by  the  clerk  under  his  seal  of  office;  if  there  be  no 
seal,  then  under  his  private  seal  and  the  judge,  chief  justice  or  presid- 
ing magistrate  shall  certify  to  the  character  of  the  clerk.  If  before 
a  clerk  of  a  court  of  record  of  another  State,  and  certified  by  him 
under  his  seal  of  office,  the  judge,  chief  justice  or  presiding  magistrate 
of  the  court  shall  certify  to  the  official  character  of  the  clerk.  PER- 
SONALLY KNOWN  or  identified  to  the  officer  and  personal  appear- 
ance required.  Unless  wife  is  sick  then  commission  can  take.  WIT- 
NESSES— None,  if  acknowledged;  otherwise,  two;  two  to  will.  PRI- 
VATE SEALS— Abolished.  WOMEN— Age  to  convey,  21.  Can  convey 
her  separate  estate  without  husband's  consent.  Separate  examination 
of,  required.  DOWER  AND  CURTESY— One-third  for  life.  HOME- 
STEAD— Exemption  $1,000;  conveyed  by  jointure.  POWER  OF  ATTOR- 
NEY can  convey  by  same  as  by  deed.  ACTION  to  recover  land  limited 
to  twenty  years.  ESTATES  Tail  abolished  to  fee  simple.  JUDGMENT 
redemption  two  years;  lien  limited  to  ten  years.     MECHANIC'S  LIEN 


CONVEYANCES  AND  ACKNOWLEDGMENTS.  127 

redemption  two  years.  MORTGAGE  redemption,  two  years;  lien  lim- 
ited to  ten  years.  TAX  redemption,  two  years;  lien  limited  to  six  years. 
TRUST  deeds  used  as  mortgages. 

§320.  Texas — CONVEYANCES  must  be  in  writing,  subscribed  to 
and  delivered  by  the  party  or  his  authorized  agent.  ACKNOWLEDG- 
MENTS or  proofs  of  instruments  in  writing  may  be  taken  in  this 
State,  before  a  clerk  of  the  District  Court,  a  .judge  or  clerk  of  the 
County  Court,  a  notary  public.  In  any  other  State,  before  a  clerk  of 
a  court  of  record  having  a  seal,  a  commissioner  appointed  by  the 
Governor  of  this  State,  a  notary  public.  In  foreign  countries,  before 
a  minister,  commissioner,  or  charge  d'  affaires,  of  the  United  States 
resident,  a  consul-general,  consul,  vice-consul,  commercial  agent,  vice- 
commercial  agent,  deputy  consul  or  consular  agent  of  the  United  States 
resident,  a  notary  public.  Grantor  must  appear  in  person  before  the 
officer  and  state  that  he  executed  the  same  for  the  consideration  and 
purposes  therein  stated.  The  officer  shall  make  a  certificate,  sign  and 
seal  it  with  his  seal  of  office.  MUST  BE  KNOWN  TO  THE  OFFICER, 
or  their  identity  sufficiently  proven  on  the  oath  or  affirmation  of  a 
credible  witness,  which  shall  be  noted  on  his  certificate.  WITNESSES 
— Two  required  to  deeds  unless  acknowledged  before  an  officer  and 
certified  to  by  him,  two  to  a  will,  three  to  nuncupative  will.  PRIVATE 
SEALS — Abolished,  except  of  corporations.  WOMEN — Age  to  convey, 
21,  or  marriage,  husband  to  join  in  conveying  her  separate  estate. 
MARRIED  WOMAN  shall  have  the  instrument  shown  and  explained  to 
her  by  the  officer,  be  examined  separate  and  apart  from  her  husband, 
and  acknowledge  the  same  to  be  her  act  and  deed,  willingly  signed,  that 
she  does  not  wish  to  retract  it.  DOWER — Is  none;  community  sys- 
tem. CURTESY — Is  none;  have  community  system.  HOMESTEAD — 
Exemption,  200  acres;  wife  to  join  in  its  conveyance,  signing  and 
acknowledging  separately.  POWER  OF  ATTORNEY— To  be  recorded. 
A  WILL  conveying  land  in  this  State,  probated  according  to  the  laws 
of  any  of  the  United  States  or  territories,  a  copy  thereof  and  its 
probate,  attested  by  the  clerk  of  the  court  where  probated,  with  the 
seal  of  the  court  attached,  and  a  certificate  of  the  judge  or  magistrate 
of  such  court,  that  the  attestation  is  in  due  form,  may  be  filed  and 
recorded  in  the  county  register  of  deeds  where  the  real  estate  is  situ- 
ated, as  deeds  and  conveyances  are,  without  further  proof  or  authentica- 
tion, provided  the  same  may  be  contested  any  time  within  four  years, 
as  the  original  will  might  be.  ACTION  to  recover  land  limited  to 
ten  years.  JUDGMENT  redemption,  one  year;  lien  limited  to  ten  years. 
MECHANIC'S  Lien  redemption  one  year;  contractor  must  file  claim  in 
four  months,  laborers  and  others  in  thirty  days;  sale  in  twelve 
months.  MORTGAGE  redemption,  thirty  days.  TAX  redemption  two 
years. 

§  321.  Utah— CONVEYANCES  are  by  deed,  signed  by  the  grantor,  if 
of  age,  or  his  lawful  agent.  ACKNOWLEDGMENTS  in  the  State 
must  be  taken  before  some  judge  or  clerk  of  a  court  having  a  seal,  a 
notary  public,  or  county  recorder,  where  the  conveyance  is  executed  or 
to  be  recorded.    If  in  any  other  State  or  territory,  by  a  judge  or  clerk  of 


128  NOTARIES  PUBLIC. 

a  court  having  a  seal,  or  by  a  notary  public  or  commissioner  appointed 
by  the  Governor  of  this  State.  If  in  a  foreign  country,  by  some 
judge  or  clerk  of  a  court  of  the  country  having  a  seal,  or  any  notary, 
United  States  minister,  commissioner  or  consul  resident.  The  officer's 
authorized  deputy  may  take.  The  judge  or  clerk  of  court  shall  attach 
the  court  seal.  The  officer  who  has  a  seal  of  office  shall  attach  his  seal. 
PEESONALLY  KNOWN — The  certificate  to  state  the  fact  of  acknowl- 
edgment, that  the  person  making  it  was  personally  known  to  the  officer, 
or  was  proved  such  by  oath  or  affirmation  of  a  credible  witness  whose 
name  shall  be  inserted  in  the  certificate.  PRIVATE  SEALS  are  abol- 
ished. WITNESSES— None  to  deeds,  two  to  wills.  WOMEN— Age  to 
convey,  18.  Married  women  may  convey  their  separate  property  when 
acknowledged  or  proved  and  certified  to,  without  further  proof.  Sep- 
arate examination  of  wife  not  required.  DOWER  AND  CURTESY— 
Wife  has  one-third  absolute  in  his  lands  after  marriage.  HOME- 
STEAD— Exemption  $2,000,  and  $250  each  new  child  and  all  personal 
property;  conveyed  by  jointure.  POWER  OF  ATTORNEY  to  convey 
property  must  be  acknowledged  or  proved,  certified  and  recorded.  The 
revocation  must  also  be  recorded.  A  conveyance  legally  acknowledged 
or  proved  and  certified  may  be  read  in  evidence  without  further  proof. 
ACTION  to  recover  lands  limited  to  seven  years.  HUSBAND  AND 
WIFE  can  contract  with  each  other  as  if  single.  JUDGMENT  lien  lim- 
ited to  eight  years.  MECHANIC'S  LIEN— Claim  to  be  filed  in  thirty 
days;  action  within  one  year  thereafter.  MORTGAGE  redemption,  six 
months.     TAX  redemption,  four  years. 

§  322.  Vermont— ACKNOWLEDGMENTS— Who  may  take  in  the 
State — Town  clerks,  justices  of  the  peace,  notary  public,  master  in 
chancery,  county  clerk,  judge  or  register  of  probate.  The  notary's 
acknowledgment  shall  be  valid  without  his  official  seal  being  affixed  to 
his  signature.  Out  of  the  State — If  certified  according  to  the  laws  of 
the  State,  province  or  kingdom  where  taken,  shall  be  valid  proof  of  the 
same,  may  be  taken  and  acknowledged  before  a  justice  of  the  peace, 
magistrate  or  notary  public  within  the  United  States,  or  in  a  foreign 
country,  or  before  a  commissioner  appointed  for  that  purpose  by  the 
Governor  of  this  State,  or  before  a  minister,  charge  d'  affaires,  consul 
or  vice-consul  of  the  United  States  in  a  foreign  country.  PERSONALLY 
known,  or  proved  to  the  officer,  and  personal  appearance,  required. 
WITNESSES— Three  to  a  will;  two  to  a  deed.  PRIVATE  SEALS— 
Scroll  required.  WOMEN — Age  to  convey,  18.  Husband  must  join 
in  conveying  her  estate.  SEPARATE  EXAMINATION  of  wife  is  not 
required.  DOWER  AND  CURTESY— Exist,  but  may  elect  otherwise. 
HOMESTEAD— $500;  conveyed  by  jointure.  POWER  OF  ATTOR- 
NEY— Can  convey  by;  must  be  signed,  sealed,  witnessed,  acknowledged, 
recorded.  A  grantor  or  lessor  refusing  to  acknowledge  his  deed  or  lease 
may  be  cited  before  a  justice  of  the  peace  with  right  of  appeal.  The 
deed  or  lease  may  be  recorded  in  the  meantime  and  be  effectual  for 
sixty  days,  and  if  the  proceedings  for  proving  are  still  pending  the 
record  may  stand  until  six  days  after  the  termination  of  the  suit. 
Vendor  shall  within  six  months  after  request  record  his  title,  or  liable 


CONVEYANCES  AND  ACKNOWLEDGMENTS.  129 

to  be  cited  before  a  justice  and  may  be  committed  for  refusal  and 
liable  in  an  action  at  law  for  damages.  Where  the  grantor  or  lessor 
dies  or  leaves  the  State  without  acknowledging  his  deed  the  execu- 
tion may  be  proved  by  the  testimony  of  a  subscribing  witness  before 
a  judge  of  the  Supreme  or  County  Court,  and  if  all  the  witnesses  are 
dead  or  out  of  the  State,  it  may  be  proved  before  such  courts  on  the 
handwriting  of  the  grantor  and  of  a  subscribing  witness,  or  adducing 
other  evidence  to  the  satisfaction  of  the  court;  such  evidence  entered 
on  such  deed  or  annexed  thereto  shall  be  equivalent  to  the  grantor's 
or  lessor's  acknowledgment.  ACTION  to  recover  land  limited  to  fifteen 
years.  MECHANIC'S  LIEN,  three  months.  MORTGAGE  redemption 
one  year-,  unless  the  value  of  property  is  less  than  incumbrance,  then  in 
discretion  of  court.  TAX  SALE — Redemption,  one  year.  JUDGMENTS 
do  not  create  a  lien.  The  lien  is  created  by  the  attachment  which  holds 
for  thirty  days  after  judgment  on  personal  property  and  five  months  on 
real  property. 

§  323.  Virginia— ACKNOWLEDGMENTS— May  be  taken  by  a  clerk 
of  the  court,  a  justice,  commissioner  in  chancery  of  a  court  of  record, 
or  a  notary  within  the  United  States,  or  a  commissioner  appointed  by 
the  Governor  within  the  United  States,  clerk  of  any  court  out  of  this 
State  within  the  United  States,  or  under  official  seal;  any  minister 
plenipotentiary,  charge  d'  affaires,  consul-general,  consul,  vice-consul, 
or  commercial  agent  appointed  by  the  government  of  the  United  States 
to  any  foreign  country,  or  the  proper  officer  of  any  court  of  such 
officer,  the  mayor  or  other  chief  magistrate  of  any  city,  town,  or  cor- 
poration therein.     Notary  must  state  when  his  term  expires  ("My  term 

expires ").     Notaries  public  or  other  officers  who  are  stockholders  in 

a  corporation  can  take  its  acknowledgments,  provided  they  are  not 
otherwise  interested.  Acknowledgments  taken  outside  the  State  by  a 
notary  must  be  certified  as  to  his  official  character  by  any  court  of 
record,  the  mayor,  or  chief  magistrate  of  any  county,  city,  town  or 
borough,  or  under  the  great  seal  of  the  State,  kingdom,  etc.,  where  the 
notary  resides.  PERSONALLY  KNOWN,  or  identified  to  officer,  is 
required.  WITNESSES— Two  to  a  deed  or  will.  PRIVATE  SEAL— 
Scroll  required.  WOMEN — Can  convey  separate  estate.  Separate  ex- 
amination of  wife  not  required.  DOWER  AND  CURTESY— One-third 
life,  and  are  conveyed  by  jointure.  HOMESTEAD — Exemption,  $2,000; 
conveyed  by  jointure.  POWER  OF  ATTORNEY — May  convey  by  power 
of  attorney,  husband  to  join  wife  if  outside  the  State,  same  as  by  deed, 
acknowledged,  signed  in  presence  of  two  witnesses,  and  recorded. 
ACTION  to  recover  land  limited  to  fifteen  years.  ESTATES  tail  limited 
to  life  in  being.  JUDGMENT  Liens  limited  to  twenty  years.  ME- 
CHANIC'S LIENS — Limitation,  six  months.  TAX  redemption  and  limi- 
tation five  years. 

§324.  Washington— ACKNOWLEDGMENTS— In  this  State— May 
be  taken  before  a  judge  of  the  Supreme  Court,  the  clerk,  deputy  clerk, 
judge  of  the  Superior  Court,  clerk  or  deputy  thereof,  judge  of  the 
Probate  Court,  a  justice  of  the  peace,  county  auditor  or  deputy,  a 
notary  public.     In  any  other  State — Same  form   as  prescribed  in  this 

9 


130  NOTARIES  PUBLIC. 

State,  and  before  any  one  there  authorized,  or  any  commissioner 
appointed  by  the  Governor  of  this  State  for  such  purpose.  Unless  it 
be  taken  before  a  commissioner  or  by  the  clerk  of  the  court  of  record 
or  by  a  notary  public  or  other  officer  having  a  seal  of  office,  it  shall 
have  attached  a  certificate  of  the  clerk  of  the  court  of  record,  under  the 
seal  of  said  court  of  said  county  or  district,  or  a  certificate  of  any 
other  proper  certifying  officer  of  the  county  or  district  that  the  person 
was  such  officer,  that  he  is  authorized  and  that  he  believes  the  signa- 
ture genuine.  In  foreign  countries — Before  any  minister  plenipoten- 
tiary, secretary  of  legation,  charge  d '  affaires,  consul-general,  consul, 
vice-consul  or  commercial  agent  of  the  United  States,  or  before  the 
proper  officer  of  any  court  of  the  country,  or  a  mayor  or  chief  magis- 
trate of  any  city,  town  or  municipal  corporation  or  a  notary.  The  per- 
son taking  shall  certify  by  writing  on,  or  annexing  to,  the  instru- 
ment, under  his  official  seal,  in  substance  that  the  instrument  was 
acknowledged  by  the  persons  whose  names  are  signed  thereto  as  grantors 
before  him  as  such  officer  with  the  date  of  such.  Such  certificate  shall 
be  prima  facie  evidence  of  the  facts  stated.  Same  shall  be  admitted 
to  record  in  this  State.  Certified  copies  by  the  county  auditor  shall 
be  received  in  evidence.  INDIAN  conveyances  shall  be  by  deed,  ac- 
knowledged before  a  judge  of  a  court  of  record.  The  judge  shall 
explain  to  the  grantor  the  contents  and  the  effect  and  so  certify  in 
the  acknowledgment,  shall  duly  examine  and  approve  same  before 
record.  PEESONALLY  KNOWN  or  identified  to  the  officer  and  per- 
sonal appearance  required.  WITNESSES — Two  required  to  a  deed  or 
will.  PRIVATE  SEALS— Abolished.  WOMEN— Age  to  convey,  when 
married.  Can  convey  their  own  separate  property  same  as  the  hus- 
band. Separate  examination  not  required.  DOWER  AND  CURTESY — 
Abolished.  Community  system  prevails.  HOMESTEAD — Conveyed  by 
jointure.  POWER  OF  ATTORNEY— Conveyance  by,  to  be  acknowl- 
edged, signed  and  recorded,  same  as  a  deed.  Either  husband  or  wife 
can  so  convey  their  separate  property.  A  document  bearing  a  seal, 
sent  by  telegraph,  the  same  may  be  expressed  by  the  letters  L.  S.  or  by 
the  word  "Seal,"  and  if  it  bears  a  stamp,  it  shall  be  sufficient  to 
express  "Stamp."  ACTION  to  recover  land  limited  to  ten  years. 
JUDGMENT  redemption  one  year,  lien  limited  to  seven  years.  ME- 
CHANIC'S LIEN  redemption  eight  months,  lien  seven  years.  MORT- 
GAGE redemption  one  year,  lien  seven  years.  TAX  redemption  three 
to  four  years,  lien  seven  years. 

§  325.  West  Virginia— DEEDS,  CONTRACTS,  powers  of  attorney  or 
other  writings  to  be  admitted  to  record,  shall  be  acknowledged  by  the 
grantor  or  proved  by  two  witnesses;  acknowledgments  may  be  taken, 
IN  THE  UNITED  STATES— Before  the  county  clerk,  or  upon  the  cer- 
tificate of  acknowledgment  of  a  justice,  notary,  recorder,  prothonotary 
or  clerk  of  any  court  within  the  United  States,  or  a  commissioner 
appointed  by  the  Governor  of  this  State,  written  or  annexed  to  the 
same.  In  a  foreign  country — Before  and  under  the  hand  and  official 
seal  of  any  minister  plenipotentiary,  charge  d '  affaires,  consul-general, 
consul,   deputy  consul,  vice-consul,  consular  agent,   vice-consular  agent, 


CONVEYANCES  AND  ACKNOWLEDGMENTS.  131 

commercial  agent  or  vice-commercial  agent,  appointed  by  the  govern- 
ment of  the  United  States  to  such  country,  or  of  any  proper  officer 
of  any  court  of  such  country,  the  mayor,  or  chief  magistrate  of  any 
city,  town  or  corporation  therein.  PERSONALLY  KNOWN— The 
grantor's  writing  to  be  acknowledged  or  proved  by  two  witnesses  before 
a  notary;  same  stated  in  the  certificate  of  acknowledgment.  WIT- 
NESSES— None  to  deed  if  acknowledged;  two  if  not;  two  to  a  will. 
PRIVATE  SEALS— Scroll  required.  WOMEN— Age  to  convey,  21; 
married  convey  as  if  single.  Separate  examination  not  required. 
DOWER  AND  CURTESY— One-third.  Conveyance  by  jointure  of  hus- 
band and  wife.  HOMESTEAD— Exemption  $1,000.  POWER  OF  AT- 
TORNEY— Convey  by,  same  as  by  deed.  ACTION  to  recover  land 
limited  to  ten  years.  ESTATES  tail  limited  to  life  in  being.  JUDG- 
MENT limitation  ten  years.  MECHANIC'S  Lien  record  in  thirty-five 
days.  TAX  redemption  one  year.  LIENS  all  limited  to  ten  years  for 
closing 

§  326.  Wisconsin— ACKNOWLEDGMENTS— Conveyance  of  land  is 
by  deed,  signed,  sealed  and  acknowledged.  Who  can  take,  in  the  State — 
Judges  of  courts  of  record,  clerk  of,  court  commissioner,  county  clerk, 
register  of  deeds,  notary,  justice  of  the  peace,  commissioners  of  the 
United  States  federal  and  district  courts  in  the  State,  police  justices. 
Outside  this  State — Any  officer  so  authorized  by  the  laws  of  that  State. 
Signed  and  sealed.  Certificate  of  Secretary  of  State  or  clerk  of  the 
county  court  of  record,  under  their  official  seals,  to  be  attached,  stating 
that  the  officer  taking  was  at  the  time  so  authorized.  May  be  exe- 
cuted according  to  the  laws  of  the  State  and  acknowledged  before  any 
judge  or  clerk  of  a  court  of  record,  notary  public,  justice  of  the 
peace,  master  in  chancery,  or  other  officer  so  authorized  by  the  State, 
or  before  a  commissioner  appointed  by  the  Governor  of  this  State. 
In  a  military  post,  by  its  commanding  officer.  Acknowledgments,  un- 
less taken  by  a  commissioner,  a  clerk  of  a  court  of  record,  with  its 
seal  attached,  a  notary  with  his  seal  attached,  or  the  commanding 
officer  of  a  military  post,  shall  have  attached  the  certificate  of  the 
clerk,  or  other  proper  certifying  officer  of  a  court  of  record  of  the 
county  or  district,  under  his  seal  of  office,  stating  that  the  person  sub- 
scribing to  the  certificate  of  acknowledgment  was  such  officer  at  the 
date  thereof,  that  he  believes  the  signature  genuine  and  acknowledged 
according  to  the  laws  of  the  State.  The  commissioner,  clerk  of  court, 
notary  or  commanding  officer,  shall  state  if  it  is  executed  according 
to  the  laws  cf  the  State.  Outside  the  United  States — Any  officer 
authorized  by  the  laws  of  this  State,  any  United  States  minister  resi- 
dent, charge  d '  affaires,  commissioner  or  consul,  vice-consul  or 
consular  agent  appointed,  under  their  hand  and  seal  of  office.  Notaries' 
certificate  to  state  that  it  was  acknowledged  according  to  the  laws  of 
the  country.  PERSONALLY  KNOWN  to  and  personal  appearance  be- 
fore the  officer  required  or  proved.  WITNESSES — Two  to  a  deed  or 
will.  PRIVATE  SEALS— The  word  "Seal"  or  initials  "L.  S."  is 
sufficient.  MARRIED  WOMAN,  of  full  age  (18),  may  convey  her 
lands  jointly  or  separately  from  her  husband,  same  as  if  she  were 
unmarried.     No   separate   examination   necessary.     Insane  wife's   dower 


132  NOTARIES  PUBLIC. 

released  upon  petition  of  husband  to  the  court,  within  twenty  to  sixty 
days.  DOWER — One-third  for  life;  conveyed  by  wife  as  if  unmarried, 
jointly  or  separately  from  husband.  CURTESY — One-third  for  life. 
HOMESTEAD — Exemption  $5,000.  Conveyance  wife  must  join. 
POWER  OF  ATTORNEY — So  conveyed  when  acknowledged,  signed  and 
recorded  same  as  a  deed.  ACTION  to  recover  land  limited  to  twenty 
years.  Deeds  recorded  pass  title.  ESTATES  tail  limited  to  lives  in 
being.  JUDGMENT  redemption  one  year,  lien  limited  to  twenty  years. 
MECHANIC'S  LIEN  redemption  six  months  for  filing  of  claim,  one 
year  after  for  suit.  MORTGAGE  redemption  one  year.  TAX  redemp- 
tion three  years. 

§  327.  Wyoming— CONVEYANCE  of  land  may  be  by  deed  signed  by 
the  grantor  if  of  age,  or  by  his  agent  or  lawful  attorney,  acknowl- 
edged or  proved  and  recorded.  ACKNOWLEDGMENTS— Taken  in  the 
State — Before  any  judge,  clerk  of  a  court  of  record,  or  a  court  com- 
missioner appointed  under  or  by  authority  of  the  laws  of  the  United 
States,  county  clerk,  justice  of  the  peace,  or  notary,  the  officer  shall 
certify  with  the  date  under  his  hand  and  seal  of  office  if  he  have  one. 
Outside  the  State — By  any  officer  authorized  by  the  State  or  country 
under  his  official  seal,  if  he  have  none  his  certificate  must  be  authenti- 
cated by  the  clerk  of  a  court  of  record  or  a  county  clerk  having  a 
seal,  certifying  that  he  is  authorized  to  take,  that  his  signature  is 
genuine.  Notaries  public  and  justices  of  the  peace  and  commissioner 
of  deeds  for  Wyoming  shall  add  the  date  their  commission  expires. 
IN  FOREIGN  COUNTRIES,  before — A  consul-general,  consul,  or  vice- 
consul  of  the  United  States,  same  to  certify  over  their  hand  and  official 
seal.  PERSONALLY  KNOWN  to  officer  required.  WITNESSES— 
One  to  a  deed,  two  to  a  will.  PRIVATE  SEALS— Abolished,  except 
those  of  corporations.  WOMEN — Age  to  convey,  21  years.  Can  convey 
separate  estate.  Her  separate  examination  required,  to  sign  and  ac- 
knowledge, freely  and  voluntarily.  She  shall  be  fully  apprised  of  the 
contents  and  her  rights  and  the  effect  of  her  signing.  DOWER  AND 
CURTESY— Abolished.  HOMESTEAD— Exemption  $1,500.  Wife  to 
join  in  releasing  it,  and  apprised  of  her  rights.  POWER  OF  ATTOR- 
NEY— Can  so  convey;  same  manner  as  by  deed.  ACTION  to  recover 
land  limited  to  ten  years.  JUDGMENT  redemption  six  months,  lien 
limited  to  five  years.  MECHANIC'S  LIENS— Contractor  files  in  four 
months,  others  in  ninety  days;  limit  of  lien,  six  months.  MORTGAGE 
redemption  six  months.     TAX  redemption   three  years. 

§328.  Canada— ACKNOWLEDGMENTS— Taken  in  the  province — 
before  register  or  deputy,  magistrate,  justice  of  the  peace,  judge  or 
register  of  a  court  having  a  seal,  or  notary.  Other  British  provinces — 
Judge  of  a  court,  clerk  or  register  having  a  seal,  notary,  magistrate 
having  a  seal,  any  person  so  commissioned  by  the  Lieutenant-Governor. 
Outside  the  British  dominions — British  ambassador,  charge  d'  affaires, 
minister,  consul,  consular  agent  resident,  judge  of  a  court  having  a 
seal,  a  notary,  certified  as  such  by  a  British  ambassador,  charge  d' 
affaires,  minister,  consul  or  consul  agent,  or  the  Governor  of  the  State, 
etc.  Describe  property  clearly.  WITNESSES — One  to  a  deed,  two  to  a 
will.     SEALS — Scroll  seal  to  a  deed. 


CHAPTER   IV. 

DEPOSITIONS. 

§  329.  A  deposition  is  testimony  taken  down  in  writing, 
under  oath  or  affirmation,  upon  reasonable  notice  to  the  ad- 
verse party,  before  a  judicial  officer,  in  answer  to  interroga- 
tories and  cross-interrogatories,  and  usually  subscribed  by  the 
witness,  unless  both  parties  agree  otherwise. 

It  is  the  testimony  of  a  witness  reduced  to  writing,  in  due 
form  of  law,  by  virtue  of  a  commission  or  other  authority  of 
a  competent  tribunal,  or  according  to  the  provisions  of  some 
sttaute  law,  to  be  used  on  the  trial  of  some  question  of  fact 
in  a  court  of  justice.1 

It  is  written  declaration  under  oath,  made  upon  notice  to 
the  adverse  party. 

Usual  manner  of  taking:  The  party  desiring  the  testimony 
makes  affidavit  to  the  court  where  the  suit  is  in  progress,  or 
is  to  be  tried,  stating  the  cause,  the  name  and  residence  of 
the  witnesses  whose  testimony  is  desired,  and  the  names  of 
the  adverse  parties,  or  their  attorney,  and  their  place  of 
abode.  Also  a  list  of  interrogations  to  be  put  to  the  witness. 
The  statement  is  also  made  as  to  why  the  witness  cannot  be 
present  at  the  trial,  which  is  usually  age,  infirmity,  sickness, 
about  leaving  the  county  or  State,  resident  of  another  county 
or  State,  etc.  If  the  court  or  judge  to  whom  the  application 
is  made  is  satisfied  that  the  deposition  is  necessary,  a  com- 
mission to  take  issues  under  his  hand  and  the  seal  of  the 
court  by  the  court  clerk.  Reasonable  notice  (usually  deter- 
mined by  the  court,  but  sometimes  by  statute),  is  given  to 
the  adverse  party,  of  the  time  and  place  of  the  taking,  name 
or  names  of  the  witnesses,  or  their  attorney  of  record,  and 
their  residences  if  known.  A  list  of  interrogations  to  be  put, 
which  list  may  be  added  to  by  the  adverse  party  or  his  attor- 
ney in  the  nature  of  cross-interrogatories.  On  the  return  of 
which  the  court  issues  the  commission  enclosing  same,  with 

i  Bouvier. 

133 


134  NOTARIES  PUBLIC. 

full  instructions  and  a  list  of  the  interrogatories  and  cross- 
interrogatories,  if  any,  sending  same  to  the  commissioner, 
selected  either  by  the  parties  themselves  or  by  the  court. 

Manner  of  taking:  At  the  appointed  day,  place  and  hour, 
the  commissioner  calls  the  court  to  order,  swears  the  witness 
to  tell  the  truth,  the  whole  truth,  and  nothing  but  the  truth. 
The  prepared  interrogatories  are  then  answered  by  the  wit- 
ness, writing  same  under  each  question,  in  the  presence  of 
the  commissioner,  or  by  some  one  appointed  by  him  in  his 
presence.  The  statute  regulates  the  presence  of  the  parties  to 
the  case,  either  in  person  or  by  attorney.  Usually  where  the 
testimony  is  taken  by  written  interrogatories,  the  parties  or 
their  attorneys  are  absent.  After  the  deposition  is  taken  it  is 
read  to  or  by  the  witness,  errors  corrected,  and  then  signed 
by  him.  The  commissioner  then  adds  his  certificate,  stating 
in  it  that  the  party  deposing  was  duly  sworn  by  him  before 
taking,  that  the  interrogatories  were  answered  and  subscribed 
to  in  his  presence,  adding  who  were  present,  either  attorneys 
or  parties  in  the  case.  Some  states  permit  it  being  taken  in 
shorthand  and  afterwards  typewritten.  Signed  by  the  com- 
missioner. 

The  deposition  and  all  papers  connected  with  the  taking 
are  then  enclosed  in  an  envelope,  sealed,  the  title  of  the  case 
and  the  commissioner's  name  endorsed  on  the  back  over  the 
seal,  directed  to  the  court  issuing  the  commission,  or  if  the 
parties  have  so  agreed  to  the  party  who  instituted  the  taking. 
Otherwise  they  are  mailed  or  delivered  in  person  to  the  clerk 
of  the  court,  who  notes  the  time  of  their  receipt  and  party 
delivering,  on  the  envelope,  and  places  the  same  on  file  for 
use  when  called  for  by  the  court,  or  the  parties. 

The  same  deposition  is  often  allowed  to  be  used  in  other 
cases  of  a  similar  nature  between  the  parties,  the  papers 
always  remaining  on  file  with  the  clerk  or  court  in  the  mean- 
time. 

Where  a  commissioner,  in  describing  the  commission,  mis- 
describes  the  name  of  the  clerk  who  issued  it,  it  in  no  way 
detracts  from  such  authority.2 

When  the  caption  of  the  deposition  properly  gives  the 
names  of  the  parties  a  subsequent  error  in  the  name  is  not  a 
fatal  error.3 

2  Kendall  v.  Limberg,  69  111.  355.  3  Id. 


DEPOSITIONS.  135 

The  court  in  its  discretion  may  allow  to  be  read  copies  in- 
stead of  original  papers  annexed  by  the  deponent  to  his  de- 
position.5 

§  330.  Deposition  de  bene  esse  is  one  taken  conditionally ; 
when  a  witness  is  sick,  unable  to  attend  the  trial,  or  likely 
to  die.  In  such  cases  their  testimony  is  taken  conditionally, 
that  they  will  attend  the  trial  and  give  oral  testimony  if  pos- 
sible.6 

§  331.  Deposition  dedimus  potestatem. — A  writ  issued  by  a 
court,  judge  or  justice  commissioning  private  persons  to  act  as 
judge,  examine  a  witness  or  such  act.  It  means  "we  have 
given  power."7 

§  332.  A  witness  is  one  who  testifies  to  what  he  knows. 
One  who  testifies  under  oath  to  something  which  he  knows 
at  first  hand.8 

The  evidence  of  an  interested  witness  must  be  objected  to 
either  when  the  deposition  was  taken,  if  the  other  party  was 
present,  or  on  motion  before  trial.9 

Where  the  party  appears  before  the  officer  taking  the  de- 
positions and  cross-examines  the  witnesses,  when  it  was  stip- 
ulated that  the  witnesses  should  be  examined  before  that 
officer;   all  formalities  touching  the  dedimus  are  waived.10 

The  notice  to  take  the  depositions  of  certain  named  wit- 
nesses "and  others"  is  sufficient  to  authorize  the  taking  of 
the  deposition  of  an  additional  witness  not  specifically  named 
in  the  notice. 

If  the  depositions  show  on  their  face  that  the  testimony  of 
the  witnesses,  who  were  non-residents,  was  material,  and 
therefore  necessary,  it  is  not  to  the  extent  of  invalidating  the 
depositions,  that  the  fact  should  have  been  made  to  appear 
on  the  face  of  the  notice.11 

Where  a  person  is  examined  before  a  court  or  officer,  and 
his  deposition  is  reduced  to  writing  and  signed  by  the  affiant, 
such  deposition  is  the  best  evidence  of  the  witness '  statement ; 

sL'Herbette     v.     Pittsfield     Nat.  loRockford      Wholesale      Grocery 

Bk.,  162  Mass.  137.  Co.  v.  Stevenson,  65  111.  App   609. 

6  16  Wend.  603.  "  Independent  Dryer  Co.   v.  Liv- 

i  2  Blackstone  351.  ermore    Foundry   Co.,    60    111.    App. 

"  Bouvier.  390. 
8  Lockwood  v.  Mills,  39  111.  602. 


136  NOTARIES  PUBLIC. 

and  no  statement  made  by  him  and  not  contained  therein  is 
part  thereof.12 

If  the  certificate  of  an  officer,  taking  depositions  in  chan- 
cery, states  that  the  witnesses  were  sworn  to  testify  the  truth, 
the  whole  truth,  and  nothing  but  the  truth,  and  the  depositions 
are  signed,  it  is  sufficient,  although  the  certificate  does  not 
state  when  the  oath  was  taken,  nor  that  the  depositions  were 
signed  by  the  deponents.13 

§  333.  Interrogatories. — A  motion  to  suppress  a  deposition 
taken  upon  written  interrogatories  should  be  sustained,  where 
subsequent  to  the  giving  of  notice  of  the  intention  to  take 
the  same  the  opposite  party  gave  notice  of  his  election  to  take 
it  upon  oral  interrogatories.14 

Under  the  Florida  Statutes  the  interrogations  put  to  the 
adverse  party  is,  like  a  bill  of  discovery  in  equity,  in  aid  of 
an  action  at  law,  and  limited  to  the  support  of  the  case  or 
defense  of  the  party  propounding  and  cannot  extend  to  the 
whole  case.15 

An  affidavit  of  the  materiality  of  the  testimony  is  unneces- 
sary where  a  general  order  has  been  granted  by  the  judge, 
the  defendant  propounds,  cross  interrogatories,  and  the  de- 
fendant's generalities  are  vague.16 

§  334.  A  subpoena. — Subpoena  under  a  penalty.  A  writ 
commanding  the  attendance  or  appearance  of  a  witness  or 
party  in  court,  or  before  a  judicial  officer,  under  a  penalty  in 
case  of  disobedience.17 

A  superior  court  cannot  punish  a  person  for  contempt  in 
refusing  to  answer  a  subpoena  issued  by  a  notary  public,  be- 
fore whom  he  was  to  appear  and  make  deposition  upon 
notice.18 

§  335.  Refusal  to  appear. — The  statutes  of  Illinois  empower 
notaries  and  other  officers  authorized  to  take  depositions  in 
any  cause  pending  in  courts  of  law  or  equity  in  the  State,  or 
by  virtue  of  a  commission  issued  out  of  any  court  of  record 

isBradner's  Evidence,  2d  ed.  255.  *«  Bradford  v.  Cooper,  1  La.  Ann. 

is  Ballance  v.   Underhill,   3  Scam.  325. 

453..  17  Burrill  Law  Dicty. 

14  Lewis  v.  Fish,  40  111.  App.  372.  is  Lezinsky     v.     Superior     Ct.     72 

is  Jacksonville  T.  &  K.  W.  R.  Co.  Cal.  510. 
v.   Penn.  Land,  T.  &  Mfg.   Co.,   27 
Fla.  1. 


DEPOSITIONS.  137 

in  any  other  State,  Territory  or  country,  to  subpoena  and 
compel  the  attendance  of  witnesses.  On  the  refusal  of  witness 
to  comply,  the  officer  shall  report  in  writing  the  facts  to  the 
Circuit  Court  of  such  county,  from  which  attachment  shall 
issue  against  such  witness,  returnable  forthwith  before  such 
court.  If  it  appear  to  the  court  the  refusal  was  without  ex- 
cuse, fine  and  imprisonment  shall  be  imposed,  or  fine  or  impris- 
onment, as  in  cases  of  contempt.19 

The  Supreme  Court  of  Illinois  decided  that  when  a  person 
refuses  to  appear  before  a  notary  and  depose  in  obedience  to 
a  subpoena  it  may  be  truly  said  he  acted  in  contempt  of  the 
notary.  The  party  owed,  by  reason  of  the  subpoena,  no  duty 
to  the  Circuit  Court  or  its  judge;  his  failure  to  obey  placed 
him  in  the  position  of  all  willful  violators  of  the  law.  That 
which  is  not  an  obstruction  to  the  exercise  of  the  functions 
of  the  court  cannot  be  punishable  as  a  contempt  summarily 
and  without  trial  by  jury.  The  statute  authorizing-  a  circuit 
judge  to  proceed  without  a  jury  is  unconstitutional,  void  and 
not  law.     Respect  to  courts  cannot  be  compelled.20 

In  Nebraska  it  was  held :  A  notary  public  in  the  exercise 
of  judicial  functions  given  by  law  is  a  court  and  has  power 
to  commit  for  contempt  under  the  constitution.21 

The  United  States  Supreme  Court,  in  a  later  decision,  de- 
cided that  one  of  the  functions  of  a  court  is  to  compel  a  party 
to  perform  a  duty  which  the  law  requires  at  his  hands.  The 
defendant  is  no  more  entitled  to  a  jury  than  is  a  defendant 
in  a  proceeding  by  mandamus  to  compel  him,  as  an  officer,  to 
perform  a  ministerial  duty.  In  a  judicial  sense  there  is  no 
such  thing  as  contempt  of  a  subordinate  administrative  body. 
No  question  of  contempt  can  arise  until  the  issue  of  law  is 
determined  adversely  to  the  defendant  and  he  refuses  to  obey 
the  final  order  of  court.  In  matters  of  contempt  a  jury  is 
not  required  by  "due  process  of  law."  From  the  very  nature 
of  their  institution,  and  that  their  lawful  judgments  may  be 
respected  and  enforced,  courts  possess  power  to  punish  for 
contempt.  The  power  is  recognized  and  enforced  by  statute 
authorizing  them  to  punish  contempts  of  their  authority 
when  manifested  by  disobedience  of  their  lawful  writs,  pro- 

i»  Starr  &  Curtis'  Anno.  Til.  Stat-      Puterbaugh  v.  Smith,  131  111.  199. 
utes  1896,  p.  1857.  21  Dogge  v.  State,  21  Neb.  272. 

20  Storey    v.    People,    79    111.    45; 


138 


NOTARIES  PUBLIC. 


cesses,  order,  rules,  decrees  or  commands.  A  judgment  of 
the  court  determining  the  issue  will  be  a  legitimate  exertion 
of  judicial  power  extended  by  the  constitution.22 

A  person  can  be  regarded  as  in  contempt  for  failure  to 
obey  an  order  of  court  only  where  the  failure  is  intentional.23 

He  cannot  be  adjudged  in  contempt  and  deprived  of  his 
property  and  imprisoned  without  notice  and  without  an  ap- 
pearance; there  is  no  jurisdiction,  and  an  order  assuming  to 
fine,  and  for  non-payment  imprison,  under  such  circumstances 
is  void.24 

The  purpose  of  the  law  is  to  secure  a  fearless  and  impartial 
administration  of  justice  and  to  guard  against  abuse  of  legal 
authority.  Inferior  courts  acting  in  excess  of  jurisdiction 
are  liable  in  damages  to  the  party  injured.  The  act  is  coram 
non  judice  and  void;  and  the  attempt  to  enforce  sentence 
or  conviction  is  a  trespass.  It  is  only  when  in  the  proper 
exercise  of  judicial  functions  that  the  power  to  sentence  for 
contempt  can  be  exercised.25 

§  336.  Taking  for  U.  S.  Courts. — Depositions  may  be  taken 
before  a  notary  public  in  any  civil  cause  depending  in  a 
United  States,  District  or  Circuit  Court,  when  the  witness 
lives  at  a  greater  distance  from  the  place  of  trial  than  one 
hundred  miles,  or  is  bound  on  a  voyage  to  sea,  or  is  about  to 
go  out  of  the  United  States,  or  out  of  the  district  in  which 
the  case  is  to  be  tried,  and  to  a  greater  distance  than  one 
hundred  miles  from  the  place  of  trial,  before  the  time  of 
trial,  or  when  he  is  ancient  and  infirm.  Any  person  may 
be  compelled  to  appear  and  depose  in  the  same  manner  as 
witnesses  may  be  compelled  to  appear  and  testify  in  court.26 

Every  person  deposing  shall  be  cautioned  and  sworn  to 
testify  the  whole  truth,  and  carefully  examined.  His  testi- 
mony shall  be  reduced  to  writing  by  the  magistrate  taking 
the  deposition,  or  by  himself  in  the  magistrate's  presence,  and 
by  no  other  person,  and  shall,  after  it  has  been  reduced  to 
writing,  be  subscribed  by  the  deponent.27 

In  addition  to  the  mode  of  taking  the  depositions  of  wit- 

22  Interstate  Commerce  Com.  v.  24  Smith  v.  Tenney,  62  111.  App. 
Bronson,  154  U.  S.  447.                             571. 

23  Dines  v.  People,  39  111.  App.  25  Piper  v.  Pearson,  68  Mass.  120. 
505.  26  U.  S.  Rev.  Stat.  1878,  sec.  863. 

27  Id.  sec.  864. 


DEPOSITIONS.  130 

nesses  in  causes  pending  at  law  or  equity  in  the  District  and 
Circuit  Courts  of  the  United  States,  it  shall  be  lawful  to  take 
the  depositions  or  testimony  of  witnesses  in  the  mode  pre- 
scribed by  the  laws  of  the  State  in  which  the  courts  are  held.28 
Every  deposition  taken  shall  be  retained  by  the  magistrate 
taking  it  until  he  delivers  it  with  his  own  hand  into  the  court 
for  which  it  is  taken ;  or  it  shall,  together  with  a  certificate 
of  the  reasons  as  aforesaid  of  taking  it  and  of  the  notice,  if 
any,  given  to  the  adverse  party,  be  by  him  sealed  up  and 
directed  to  such  court,  and  remain  under  his  seal  until  opened 
in  court.29 

§  337.  Who  can  take. — Where  the  statutes  so  provide,  de- 
positions may  be  taken  before  any  disinterested  person  as 
commissioner.  The  person  may  be  designated  by  name  or 
office.  It  is  sufficient  evidence  of  the  person's  identity  when 
after  taking  and  returning  the  deposition  he  certifies  that  he 
did  it  pursuant  to  the  commission.30 

He  is  not  required  to  certify  anything  in  respect  to  his 
commission.  The  commission  shows  an  authority  to  take.31 
No  certificate  of  his  official  character  is  required. 

The  Michigan  Statutes  empowers  any  court  of  record  to 
appoint  special  commissioners  before  whom  depositions  may 
be  taken.  It  is  questionable  whether  a  common  order,  entered 
by  consent  of  parties  and  without  the  knowledge  of  the  court, 
can  be  regarded  as  an  appointment.  A  notary  being  an  attor- 
ney of  the  Supreme  Court  may  perform  the  duties  of 
Circuit  Court  commissioner  when  that  officer  is  disqualified.32 

A  general  order  to  take  depositions  when  officially  signed 
by  the  judge,  clothes  with  authority  and  is  sufficient.33 

Consuls  of  the  United  States  are  not  required  to  be  com- 
missioned in  order  to  take  depositions.34  A  county  judge  or 
court  commissioner  may  take  the  deposition  of  witnesses 
residing  within  his  county.35     Also  a  notary  public.36     They 

28  Id.  Sup.  2,  p.  4;  113  U.  S.  Rep.  34  Simmons  v.  Walters,  55  Wis. 
713.  675;   2  Rev.  Stat,  of  IT.  S.   (2d  ed.) 

29  U.  S.  Rev.  Stat.  1878,  see.  865.       1750;  Herman  v.  Herman,  4  Wash, 
ao  Brown  v.  Luehrs,  79  111.  575.  C.  C.  555. 

si  Kendall  v.  Limberg,  69  111.  355.  35  Whereatt  v.  Ellis,  65  Wis.  639. 

32  Crone  v.  Angell,  14  Mich.  340.  36  T.  W.  &  W.  Ry.  Co.  v.  Badde- 

33  Bradford  v.  Cooper,  1  La.  Ann.  ley,  54  111.  19. 
325. 


140  NOTARIES  PUBLIC. 

may  be  taken  before  any  disinterested  person  as  commissioner. 
Who  may  be  designated  by  the  name  of  the  office  which  he 
holds  as  well  as  by  his  proper  name.37  The  party  suing  out 
the  dedimus  is  not  required  to  give  the  name  of  the  com- 
missioner.38    Consent  of  court  is  not  necessary.39 

§  338.  A  notary  taking  outside  of  his  State.— A  notary 
public  taking  depositions  in  one  State,  to  be  used  in  a  suit 
pending  in  another,  can  in  no  sense  be  regarded  as  an  instru- 
ment or  agency  of  the  court  wherein  such  suit  is  pending. 
Neither  the  notary,  nor  any  of  the  parties  appearing  before 
him  are  answerable  to  the  court  for  anything  said  or  done 
while  there,  the  whole  matter  being  outside  its  jurisdiction. 
In  taking  the  depositions,  the  notary  performs  purely  minis- 
terial functions.  He  can  decide  no  questions  nor  determine 
any  matter  affecting  the  rights  of  the  parties  to  the  suit,  nor 
is  he  connected  with  any  court  or  other  tribunal  having  the 
power  to  do  so.40  It  is  not  necessary  to  attach  to  his  certificate 
i\x\y  certificate  of  a  clerk  or  other  certifying  officer  as  to 
official  character.41  If  taken  in  another  State  on  a  day  recog- 
nized as  a  legal  holiday  it  is  not  contrary  to  statutes.42 

§  339.  Notice  of  deposition. — The  party  who  gives  notice 
that  he  will  sue  out  a  dedimus  to  take  the  testimony  upon 
written  interrogatories,  after  receiving  notice  that  the  party 
to  whom  the  notice  was  given  has  elected  to  take  the  deposi- 
tion upon  oral  interrogatories,  should  reply  with  a  notice  of 
the  time  and  place  where  the  deposition  will  be  taken,  as  the 
party  desiring  the  testimony  he  should  give  notice  of  the  time 
and  place.43 

Under  the  Louisiana  code,  notice  of  the  time  and  place  of 
taking  is  unnecessary  when  the  defendant  crosses  the  inter- 
rogatories.44 

Ten  days'  notice  must  be  given  before  suing  out  a  dedi- 
mus.45 

Under  the  West  Virginia  code  the  publication  of  notice  ex- 

37  Brown  v.  Luehrs,  79  111.  575.  42  Green   etc.   v.    Walker,    73   Wis. 

38  Cole  v.  Choteau,  18  111.  439.  548. 

39  Sprule  v.  Samuels,  4  Seam.  135;  «  Lewis  v.  Fish,  40  111.  App.  372. 
Doyle  v.  Wiley,  15  111.  576.  4*  Bradford  v.  Cooper,  1  La.  Ann. 

40  Greer  v.  Young,  120  111.  184.  325. 

4i  Hayes    v.    Frey,    54    Wis.    503 ;  45  Corgan  v.  Anderson,  30  HI.  95. 

Sleep  v.  Heymann,  57  Wis.  495. 


DEPOSITIONS.  141 

tends  to  four  consecutive  weeks,  and  is  complete  on  the  fourth 
issue  of  the  paper  containing  it;  it  is  sufficient  if  reasonable 
time  elapses  between  the  date  of  last  publication  and  the 
taking.46 

The  residences  of  the  witnesses  may  be  stated  in  the  notice 
and  not  in  the  caption  of  the  interrogatories.47 

§  340.  How  deposition  is  taken. — When  the  examination  is 
to  be  upon  oral  interrogatories  the  party  desiring  the  testi- 
mony must  begin  the  interrogation ;  his  questions  are  in  chief, 
and  his  adversary  has  the  right  to  cross-examine.  The  Illinois 
Statute  does  not  contemplate  the  issuing  of  two  commissions, 
one  to  take  the  testimony  upon  written  and  the  other  upon 
oral  interrogatories.48 

Defects  and  irregularities  in  taking  and  in  the  examination 
of  witnesses  will  be  disregarded  if  they  are  merely  formal 
and  do  not  affect  the  rights  of  the  parties.49 

The  right  to  take  and  use  a  deposition  is  a  statutory  priv- 
ilege and  can  be  exercised  and  enforced  only  in  the  manner 
and  to  the  extent  provided  for  by  statute.50 

§341.  Compliance  with  statutes. — The  statute  must  be  sub- 
stantially complied  with.51  Where  the  statutes  require  that 
the  officer's  certificate  shall  show  "that  the  witness  was  first 
sworn  to  testify  the  truth,  the  whole  truth,  and  nothing  but 
the  truth,"  it  is  insufficient  to  state  that  the  witnesses  were 
sworn  "to  testify  the  whole  truth  of  their  knowledge  touch- 
ing the  matter  in  controversy."52 

§  342.  Caption  and  form. — The  Illinois  Statute  has  fixed  no 
form  for  either  the  caption  or  certificate.  If  they  are  taken 
and  certified  in  substantial  conformity  with  the  requirements 
of  the  statute  they  will  not  be  suppressed  on  merely  technical 
objections.53 

§  343.     Objections. — General  objections  at  the  trial  are  con- 

4«  Miller  v.  McMechen,  33  W.  Va.  s°  Lezinsky  v.   Superior  Court,   72 

197.  Cal.  510. 

47  Semmens    v.    Walters,    55    Wis.  si  Corgan  v.  Anderson,  30  111.  45. 
675.  52  West.    Union    Tel.    Co.    v.    Col- 

48  Lewis  v.  Fish,  40  111.  App.  372.  lins,  45  Kan.  88. 

49  Semmens  v.  Walters,  55  Wis.  53  Behrensmeyer  v.  Kreitz,  135  111. 
675;    Hewlett    v.    Wood,    67    N.    Y.  608. 

394;  Forrest  v.  Kissam,  7  Hill.  463; 
Eust  v.  Eakler,  41  N.  Y.  488. 


142  NOTARIES  PUBLIC. 

fined  to  substance.54  Objections  to  the  form,  or  incompetency 
of  witnesses,  must  be  made  before  final  hearing.55  Objection 
for  lack  of  a  stamp  must  be  taken  by  a  motion  to  suppress, 
before  trial.56  Objections  to  interrogatories  should  be  made 
before  trial.57  An  objection  that  the  name  of  the  witness 
was  not  in  the  notice  must  be  taken  before  trial.58 

Slight  but  misleading  inaccuracy  in  name  ascribed  to  the 
defendant  corporation  in  the  deposition  is  not  grounds  for 
excluding  the  deposition.59 

A  misdescription  in  interrogatory  of  promissory  note,  as 
bearing  twelve  per  cent,  interest  instead  of  ten,  is  not  such 
variance  as  will  exclude  the  answer.60  After  a  deposition 
has  been  read  without  objection  upon  one  trial  it  cannot  after- 
wards be  objected  to  on  account  of  any  defect  existing  at  the 
time  it  was  used.61  Opponent's  deposition  cannot  be  sup- 
pressed for  want  of  full  answers  of  witnesses  to  opponent's 
questions.  The  objections  should  come  from  the  party  in- 
jured.62 

If  there  is  no  appearance  on  the  other  side  and  no  cross- 
interrogatories  it  is  doubtful  whether  the  opposite  party  can 
complain  that  the  last  interrogatory  was  not  answered.  The 
rule  is  that  it  should  be  answered,  as  unless  it  is  it  is  impos- 
sible to  say  that  the  witness  has  told  the  whole  truth;  but 
where  it  is  apparent  that  the  witness  could  not  testify  further 
without  contradiction  to  the  specific  interrogatories  the  omis- 
sion is  harmless.63 

§  344.  Interpreters. — In  Illinois  interpreters  may  be  sworn 
truly  to  interpret,  when  necessary.64  Same  is  true  of  most  of 
the  States. 

§  345.     Return  of  the  deposition. — A  deposition  opened  by 

s*  Thomas  v.  Dunaway,  30  111.  373.  59  Merchants  Despatch  Trans.   Co. 

55  Moshier  v.  Knox  College,  32  111.     v.  Leysor,  89  111.  43. 

155.  go  Stowell  v.  Moore,  89  111.  563. 

56  Lockwood  v.  Mills,  39  111.  602.         ei  Brackitt  v.  Nikirk,  20  111.  App. 

57  Missouri    Pac.    E.    Co.    v.    Ivey,      525. 

71   Tex.   409;   Jacksonville  T.   &  K.  62  Cole  v.  Chotean,  18  111.  439. 

W.    B,    Co.    v.    Peninsular    L.    T.    &         63  Semmens    v.    Walters,    55    Wis. 

Mfg.  Co.,  27  Fla.  1 ;  Cin.,  I.,  St.  L.  675. 
&  C.  E.  Co.  v.  Howard,  124  Ind.  280.         e*  Starr  &  Curtis '  Anno.  Statutes 

ss  Eockford    etc.    E.    Co.    T.    Mc-  1896,  p.  1860. 
Kinley,  64  111.  338. 


DEPOSITIONS.  143 

the  clerk  of  the  court,  in  pursuance  of  an  order  of  the  court, 
and  marked  "filed,"  has  no  reason  to  be  suppressed.65 

A  deposition  may  be  returned  to  the  commissioner  for 
proper  signature.66 

Where  a  non-suit  has  been  entered  conditional  to  the  plain- 
tiffs being  ready  for  trial  at  a  certain  subsequent  date,  the 
suit  must  be  regarded  as  pending  until  its  final  termination, 
and  depositions  taken  in  the  meantime  may  be  read  in  evi- 
dence.'57 

Depositions  delivered  by  the  commissioner,  who  took  them 
to  the  attorneys,  and  by  them  kept  until  trial  and  presented 
in  court  unsealed,  cannot  be  admitted  in  evidence.68 

§  346.  Fees. — The  same  fees  will  be  allowed  State  officers 
taking  depositions  for  Federal  Courts  as  are  allowed  United 
States  commissioners  and  clerks.69 

There  is  no  statute  in  Illinois  regulating  the  fees  of  com- 
missioners employed  here  to  take  depositions  in  suits  pending 
in  other  States.70 

STATUTORY    REQUIREMENTS. 

§  347.  Alabama— DEPOSITIONS— Taken  by  commissioner.  (One  or 
more)  written  interrogatories  to  be  filed  with  the  clerk  of  the  court. 
NOTICE  of  ten  days  to  be  given  adverse  party.  Commissioner  sub- 
poenas witnesses.  One  hundred  dollars'  penalty  for  failure  to  appear. 
Commissioner  to  reduce  the  answers  of  witness  to  writing,  having 
sworn  him  to  speak  the  truth,  the  whole  truth  and  nothing  but  the 
truth.  Commissioner's  certificate  of  the  manner,  place  and  personal 
knowledge  of  the  witness's  identity,  that  the  witness  has  no  interest 
in  the  result,  is  presumptive  evidence  of  the  fact  stated  by  him.  The 
deposition  to  be  sent  to  the  clerk  of  the  Court,  and  may  be  read  in 
evidence  unless  previously  objected  to.  The  testimony  of  a  non-resi- 
dent witness  may  be  taken  conditionally  and  perpetuated,  to  be  re- 
ceived in  evidence. 

§  348.  Alaska — Depositions  may  be  taken  of  a  witness  in  an  action 
out  of  the  district  any  time  after  service  of  the  summons  of  defendant, 
and  in  a  special  proceeding  any  time  after  a  question  of  fact  arises, 
may  be  taken  in  the   district  under   the   same  circumstances  when   the 

05  Sullivan  v.  Eddy,  164  111.  391.         Co.   v.   Heilprin  &  Co.,   95  111.  App. 

66  Semmens    v.    Walters,    55    Wis.     402. 

675;    2    Waits    Pr.    707;    Keeler    v.  «» Jerman    v.    Stewart    Gwynne   & 

Vanderpool,  1  Code  R.  (U.  S.)  289;  Co.,  12  Fed.  Rep.  271. 

Creamer  v.  Jackson,  4  Abb.  Pr.  413.  ?o  Fairchild  v.  Mich.  C.  R.  Co.,  8 

67  Brown  v.  Foss,  16  Me.  257.  App.  591. 

68  Louisville  &  N.  A.  A.  &  C.  Ry. 


144  NOTARIES  PUBLIC. 

witness  is  a  party  to  the  action,  by  the  adverse  party.  When  the 
witness  resides  more  than  one  hundred  miles  distant,  or  is  about  to 
go  more  than  that  away;  when  infirm;  when  the  testimony  is  required 
upon  motion,  or  where  the  oral  examination  is  not  required.  May  be 
taken  outside  the  district  upon  commission  issued  from  the  court  or  with- 
out commission  before  a  commissioner  appointed  by  the  Governor  of  the 
district  to  take  depositions  in  any  State  or  country.  Commissions  may 
issue  from  a  clerk  of  the  court,  or  by  a  justice  of  the  peace  in  a  cause  in 
his  own  court,  on  the  application  of  either  party  upon  five  days'  previous 
notice  to  the  other.  Unless  parties  otherwise  agree,  commission  to  be 
issued  to  a  judge,  justice  of  the  peace,  notary  or  clerk  of  a  court. 
Interrogatories  may  be  issued  with  the  commission  as  parties  or  court 
may  agree.  Oath  of  witness  to  be  taken  and  the  deposition  to  be 
certified  to  the  court  in  a  sealed  envelope,  directed  to  the  court  clerk 
or  justice  who  issued  the  commission,  delivered  by  mail  or  usual  con- 
veyance. In  the  district  the  deposition  may  be  taken  before  the  clerk 
of  a  court  of  record  or  anyone  authorized  to  administer  oaths.  Three 
days'  notice  of  time  and  place  to  be  given  adverse  party,  one  day 
additional  for  every  twenty-five  miles,  unless  the  court  otherwise  de- 
cides. Either  party  may  attend  and  examine  the  witness.  Deposition 
to  be  written  by  the  officer  taking  or  by  the  witness,  or  by  a  disin- 
terested person,  in  the  presence  and  under  the  direction  of  the  officer. 
When  completed  it  shall  be  read  to  the  witness,  subscribed  to  by  him, 
and  corrected  by  him  if  necessary — corrections  and  additional  state- 
ments to  be  part  of  the  deposition.  Officer  to  append  his  certificate  under 
his  official  seal,  stating  hour,  place  and  date  of  taking;  that  witness  was 
duly  sworn  to  tell  the  truth,  the  whole  truth,  and  nothing  but  the 
truth;  that  it  was  read  to  witness  and  by  him  subscribed  to.  Same  to 
be  directed  and  delivered  as  before  mentioned. 

§  349.  Arizona — DEPOSITIONS — May  be  taken;  where  the  witness 
is  a  female,  is  aged,  infirm,  sick,  on  official  duty,  or  unable  to  attend 
court.  Residing  out  of  the  Territory  or  county  or  fifty  miles  from 
trial,  has  or  is  about  to  leave  the  Territory  or  county,  or  when  party 
desires  to  perpetuate  testimony.  Either  party  may  apply  for  com- 
mission to  take  by  giving  five  days'  notice  to  opposite  party,  with 
interrogations  attached  to  notice,  and  name  of  witness,  with  residence 
and  place  of  taking.  WHO  CAN  TAKE,  a  judge  or  clerk,  justice  or 
notary  of  the  county.  Either  party  may  attend  the  examination  and 
interrogate,  but  cannot  in  such  cases  object  to  questions  at  the  trial 
unless  they  did  so  at  the  examination.  The  court  judge,  etc.,  may 
shorten  time  of  notice  by  notice.  MANNER  OF  TAKING — If  in  the 
Territory  the  commission  to  be  addressed  to  any  clerk  of  the  District 
Court  or  any  notary  of  the  proper  county.  If  without  the  Territory, 
in  the  United  States,  to  any  clerk  of  a  court  of  record  having  a  seal, 
any  notary,  or  commissioner  of  deeds  for  this  Territory.  If  without  the 
United  States,  to  any  notary,  United  States  minister,  commissioner,  or 
charge  d '  affaires,  or  any  consul-general,  consul,  vice-consul,  commer- 
cial agent,  vice-commercial  agent,  deputy  consul  or  consular  agent  of  the 
United  States  resident  in  the  country.     The  officer  shall  summon  wit- 


DEPOSITIONS.  145 

ness,  and  fine  and  imprison  for  failure  to  appear  and  testify.  The 
answers  to  questions  shall  be  written,  sworn  and  subscribed  to  by 
witness,  certified  by  the  officer,  sealed  up  with  other  papers,  write 
his  name  across  the  seal,  indorse  names  of  parties  to  the  suit  and  the 
witnesses,  direct  same  to  the  clerk  of  the  court  or  justice  where  the 
commission  issued  or,  if  no  commission,  where  case  is  pending.  May  be 
returned  by  mail  or  personally. 

§350.  Arkansas— DEPOSITION  TAKEN  IN  THE  STATE  before 
any  judge  or  clerk  of  a  court  of  record,  justice  of  the  peace,  mayor, 
notary.  OUT  OF  THE  STATE — Before  a  commissioner  appointed  by 
the  Governor  of  this  State,  judge  of  court,  justice  of  the  peace,  mayor, 
notary,  or  any  person  empowered  by  a  commission  directed  to  him  by  the 
consent  of  the  parties  on  order  of  Court.  The  clerk  of  any  court  of 
record  in  the  county  must  certify  under  his  seal  that  such  officer  was 
an  acting  judge  or  justice  of  the  peace,  duly  commissioned  at  the 
time.  Depositions  taken  out  of  the  State,  sealed  and  directed  as  here 
provided,  may  be  delivered  to  the  party  taking  the  same,  his  agent 
or  attorney.  NOTICE — Eeasonable  notice  to  be  given  adverse  party. 
To  subpoena  the  witnesses,  may  issue  warrant  of  arrest  for  contempt,  if 
witness  fails  to  appear.  Officer  to  decide  all  objections  to  questions, 
noting  such  as  are  in  doubt.  Power  to  prevent  insulting  or  too  lengthy 
questions.  Statement  of  witness  must  be  written  in  the  presence  of  the 
officer  taking  it.  Certificate  of  officer  to  state  the  time  and  place  of 
taking.  That  the  witness  was  sworn  before  he  gave  his  testimony, 
that  the  testimony  was  written,  read  to  and  subscribed  by  him  in  the 
officer's  presence.  Must  state  by  whom  testimony  was  written,  which 
of  the  parties,  in  person  or  by  agent  or  attorney,  was  present.  When 
the  depositions  is  completed  it  is  to  be  sealed  by  the  officer  and 
directed  to  the  clerk  of  the  Court  where  suit  is  pending. 

§  351.  California— Who  may  take.  IN  THE  STATE— A  judge  or  any 
officer  authorized  to  administer  oaths,  upon  serving  five  days'  notice, 
and  one  day  for  every  twenty-five  miles  of  travel  of  witness  unless 
shorter  time  set  by  judge,  when  order  must  be  sent  with  notice,  to  the 
adverse  party.  OUT  OF  THIS  STATE,  by  a  commission  issued  from 
the  Court,  under  Court  seal.  It  may  be  directed  to  any  person  agreed 
upon  by  the  parties,  or,  if  they  do  not  agree,  to  any  judge,  justice  of 
the  peace  or  commissioner  selected  by  the  Court  or  judge  issuing  it. 
If  commission  is  issued  by  a  justice  of  the  peace  it  must  have  attached 
to  it  the  certificate,  under  seal,  of  the  superior  court  stating  that  the 
party  issuing  it  is  acting  as  a  justice  of  the  peace.  Ten  days'  notice 
and  one  day  for  every  300  miles  from  Court  to  place  of  taking.  OUT- 
SIDE THE  UNITED  STATES— A  minister,  ambassador,  consul,  vice- 
consul  or  consular  agent  of  the  United  States  in  such  country,  or 
any  person  agreed  upon  by  the  parties,  can  be  taken  by  a  commission 
appointed  by  the  Court  under  its  seal.  Discretion  allowed  as  to  deposi- 
tion of  party  testifying.  Parties  may  agree  upon  the  interrogatories, 
and  mode  of  taking.  Oath  to  be  administered  to  witness.  Deposition 
to  be  certified  to  the  Court.  It  must  be  inclosed  in  a  sealed  envelope 
directed  to  the  clerk  of  the  court  and  forwarded  by  mail  or  usual 
10 


146  NOTARIES  PUBLIC. 

conveyance.  The  judge  authorizing  the  commission  may  issue  subpoena 
for  other  witnesses.  Either  party  may  attend  examination  and  put 
questions,  provided  each  party  shall  pay  cost  of  his  own  examination. 
The  officer  taking  may  demand  a  deposit  from  each  party  sufficient  to 
defray  the  expense  of  such.  If  a  party  refuse  to  deposit  they  waive 
their  right  to  examine. 

§352.  Colorado— WHO  MAY  TAKE  IN  THE  STATE— All  Courts, 
judges,  justice  and  clerk  thereof,  justices  of  the  peace,  notaries,  within 
their  district  and  under  their  official  seals.  Out  of  the  State,  commis- 
sioner of  deeds,  notary.  FORM — None  specially,  follow  form  of  the 
State  ordering  the  dedimus.  NOTICE — Depends  on  residence.  Upon 
five  days'  notice  to  the  adverse  party  depositions  may  be  taken  out  of 
the  State  by  commission  issued  by  the  clerk  of  the  court  on  written 
interrogatories,  same  to  be  attached  to  the  commission  issued  to  a 
person  agreed  upon  by  the  parties  or  by  the  judge;  if  they  can  not 
agree,  to  any  judge,  justice  of  the  peace,  notary  or  to  a  commissioner 
of  deeds.  The  adverse  party  may  file  and  have  attached  to  the  com- 
mission cross  interrogatories  by  giving  three  days'  notice.  If  either 
party  giving  notice  fail  to  attend,  the  attending  party  shall  be  entitled 
to  five  dollars  per  day  for  each  day's  attendance  and  to  six  cents  per 
mile  for  each  mile  traveled,  same  to  be  taxed  by  the  court  where  suit 
is  pending,  and  for  which  attachment  may  issue.  Adverse  party  may 
submit  written  interrogatories  instead  of  attending. 

§353.  Connecticut— MAY  BE  TAKEN  IN  THE  STATE  BY— A 
judge  or  clerk  of  any  court,  justice  of  the  peace,  notary,  commissioner 
of  the  Superior  Court.  Out  of  the  State — By  a  notary,  commissioner 
appointed  by  the  Governor,  or  any  magistrate  having  power  to  ad- 
minister oaths.  Out  of  the  United  States  By — Any  foreign  minister, 
secretary  of  the  legation,  consul  or  vice-consul  of  the  United  States 
resident  in  that  country.  His  official  character  can  be  proved  by  the 
Secretary  of  the  United  States.  Court  may  issue  commission  to  any 
person  in  the  military  or  naval  service  of  the  United  States  who  may 
administer  oaths,  etc.,  to  persons  in  the  service.  Judges  of  the  Superior 
Court,  Court  of  Common  Pleas,  or  District  Court,  when  not  in  session, 
may  issue  a  commission  to  take  depositions  of  persons  out  of  this  State, 
notice  being  given  to  adverse  party.  Commissioners  appointed  by  the 
laws  of  any  other  State  or  Government  to  take  testimony  in  this  State, 
may  apply  to  the  judge  of  any  court  of  record,  justice  of  the  peace, 
notary  or  commissioner  of  the  Superior  Court,  for  a  subpoena  or  capias 
to  compel  the  appearance  of  any  witness.  Upon  the  refusal  of  the 
witness  to  comply,  the  officer  issuing  may  commit  them  to  prison.  Sub- 
poenas may  be  issued  by  any  judge  or  clerk  of  any  court,  justice  of 
the  peace,  notary  or  commissioner  of  the  Superior  Court,  upon  request, 
for  the  appearance  of  any  witness  before  him,  to  give  his  deposition  in 
a  civil  action,  when  such  party  is  going  to  sea  or  out  of  the  State,  is 
tfO  years  of  age  or  lives  more  than  twenty  miles  from  the  place  of  trial, 
and  may  take  his  deposition  on  refusal  to  appear,  the  magistrate  may 
issue  a  capias.  If  the  witness  refuse  to  depose,  the  magistrate  may 
commit  him  to  prison  till  he  comply.     Returned  to  Court  unsealed  or 


DEPOSITIONS.  147 

with  seal  broken,  shall  be  rejected  by  the  Court.  If  the  adverse  party 
appears  on  notice  and  the  party  giving  such  notice  fails  to  appear  at  the 
time  and  place  stated,  then  costs  shall  be  allowed  to  the  adverse  party. 
The  returned  deposition  remains  in  the  custody  of  the  clerk  of  the 
court.  Seasonable  notice  must  be  given  to  the  adverse  party,  his 
agent  or  attorney,  or  left  at  his  place  of  abode.  Witnesses — Cautioned 
to  speak  the  truth,  carefully  examine,  subscribe  to  their  deposition, 
make  oath  before  the  authority  taking,  the  authority  shall  attest  the 
same  and  certify  that  the  adverse  party  or  his  agent  was  present 
(if  so),  or  that  he  was  notified,  and  shall  also  certify  the  reason  of 
taking  the  deposition,  seal  it  up,  direct  it  to  the  Court  where  it  is 
to  be  used,  and  deliver  it,  if  desired,  to  the  party  at  whose  request  it 
was  taken.  PEKPETUATING  TESTIMONY— Party  desiring  it  may 
petition  in  writing  any  judge  of  the  Superior  Court,  stating  reasons, 
subject  matter,  name  of  witness  and  persons  interested.  If  no  reason 
for  the  contrary  the  judge  shall  arrange  for  such.  Persons  taking  depo- 
sitions may  adjourn  from  time  to  time,  giving  notice  to  parties  present. 
Depositions  so  taken  must  be  sealed  up  and  directed  to  the  clerk  of 
the  County  Superior  Court  where  some  of  the  petitioners  reside;  if 
non-residents  of  the  State,  then  where  some  of  the  respondents  reside, 
and  he  shall  open  and  file  them. 

§  354.  Delaware — If  it  appear  by  affidavit  necessary,  the  justice 
may  make  a  rule  that  the  deposition  be  taken  before  a  commissioner 
named  by  him,  unless  otherwise  agreed;  the  party  applying  shall  file  in 
writing  all  the  questions  to  be  put  to  the  witness,  giving  at  least  four 
days'  notice  to  the  adverse  party,  who  may  file  other  questions.  The 
justice  shall  forward  a  copy  of  the  rule  and  questions  to  the  com- 
missioner. Deposition  to  be  written,  signed  by  the  witness,  certified 
by  the  commissioner  and  sealed  up  and  sent  to  the  justice.  The  wit- 
ness must  first  be  sworn  by  the  commissioner,  to  answer  the  questions 
truly;  neither  party  shall  be  present  and  no  questions  to  be  put  but 
those  sent  by  the  justice. 

§355.  District  of  Columbia— DEPOSITIONS  may  be  taken  when 
witness  lives  beyond  this  District.  When  witness  is  going  out  of  the 
District  or  United  States  and  will  not  return  in  time  for  trial;  when 
aged  or  infirm  or  cannot  attend  the  trial  may  be  taken  before  any 
court  of  the  United  States,  commissioner  or  clerk  of  a  court,  chancellor, 
justice,  notary,  justice  of  the  peace  within  the  United  States,  when 
not  interested  in  the  cause.  Seasonable  notice  of  time  and  place  must 
be  iriven  opposite  party,  with  names  of  witnesses  and  officer  taking. 
Unlawful  to  require  opposite  party  to  attend  more  than  one  place  on 
the  same  day,  officer  taking  to  summon  by  the  marshall  any  witress. 
Officer  has  power  to  compel  attendance.  Witness  to  be  first  sworn  to 
tell  the  truth,  the  whole  truth,  and  nothing  but  the  truth.  Adverse 
party  has  right  to  cross-examine.  The  questions  and  answers  to  be 
taken  down  in  writing,  stenographically,  and  then  typewritten  if  de- 
sired, read  to  and  signed  by  witness  in  the  presence  of  the  officer.  If 
refusal  is  made,  officer  to  so  certify,  with  the  reasons.  Documents  to  be 
sealed  up  by  officer  and  indorsed  with  the  title  of  the  cause,  costs  of 


148  NOTARIES  PUBLIC. 

taking,  by  whom  paid  and  by  him  mailed  to  the  court  where  cause  is 
pending.  On  motion,  court  may  order  a  commission  to  take  a  deposi- 
tion outside  the  District. 

§  356.  Florida — The  party  desiring  the  deposition  must  prepare 
written  interrogatories,  deliver  a  copy  to  the  adverse  party  or  his 
attorney  a  reasonable  time  before  applying  for  a  commission,  stating 
reasons  for  taking,  date  of  application,  name  of  commissioner,  and  file 
same  with  the  Court.  If  the  adverse  party- has  no  attorney  and  does 
not  reside  in  the  State,  notice  to  be  given  by  advertisement  in  a  news- 
paper printed  in  applicant's  county  once  a  week  for  four  consecutive 
weeks.  On  proof  of  the  advertisement  to  the  clerk  or  the  Court  a  com- 
mission will  issue.  The  adverse  party  may  file  cross-interrogatories 
and  name  of  commissioner,  serving  a  duplicate  on  the  applicant.  The 
applicant  can  serve  notice  of  redirect  interrogatories,  with  notice  of 
time  of  application  for  a  commission  upon  all  the  interrogatories.  At 
the  time  mentioned  the  clerk  or  Court  shall  issue  commission,  and  names 
of  the  commissioners  selected  by  each  of  the  parties,  attaching  the 
interrogatories  filed  by  each  and  delivering  same  to  the  applicant.  The 
commission  shall  make  oath  before  a  notary  or  judicial  officer  where 
the  testimony  is  taken,  that  he  is  neither  kin,  attorney,  nor  agent  of 
either  party,  nor  interested  in  the  result;  that  he  will  well  and  faith- 
fully perform  the  duties  of  commissioner.  Oath  to  be  in  writing,  and 
returned  with  the  commission.  The  commissioner  shall  swear  each 
witness  before  taking  the  deposition.  The  parties  or  their  attorneys 
may  be  present,  and  after  the  interrogatories  may  propound  others 
germane  to  the  subject,  which  shall  be  written  down  by  the  commis- 
sioner and  become  a  part  of  the  deposition.  The  commissioners  shall 
enclose  all  the  interrogatories,  answers  and  commission,  seal  and  write 
their  names  across  the  seals  of  the  envelope,  that  the  Court  may  recog- 
nize it  as  applicable  to  some  particular  cause.  The  usual  initials  of 
office  and  Christian  names  of  the  commissioners  and  others  shall  be 
sufficient.  It  may  be  returned  by  mail  or  person.  The  person  returning 
it  or  taking  it  from  the  post  office,  other  than  the  clerk,  must  make  oath 
that  he  received  it  from  the  commissioner  (or  the  postmaster,  etc.); 
that  it  has  been  in  his  possession  ever  since,  and  has  not  been  opened 
or  altered. 

§  357.  Georgia — A  witness  may  be  examined  on  interrogatories,  by 
commission,  at  the  instance  of  either  party,  in  any  civil  cause  pending 
in  this  State  when  the  witness  resides  out  of  the  county;  when  age, 
condition  of  health  or  business  prevents  attending  at  Court,  or  when 
about  to  remove  from  the  county  or  leave  home  beyond  the  term  of 
Court,  or  where  he  is  the  only  material  witness.  Female  witnesses  are 
not  obliged  to  attend  Court.  The  party  desiring  it  must  prepare  written 
interrogatories,  with  witness'  name  and  residence,  and  serve  a  copy, 
with  notice  of  filing,  on  the  adverse  party  or  his  attorney.  At  the  ex- 
piration of  ten  days  a  commission  shall  issue.  If  the  adverse  party 
is  beyond  the  jurisdiction  of  the  Court,  or  cannot  be  found,  and  has  no 
attorney,  a  ten  days'  notice  at  the  court  house  door  will  suffice.  Notice 
must  be  served  on  each  adverse  party.     The  commission  will  issue  a 


DEPOSITIONS.  149 

blank  allowing  the  party  to  select  his  commissioners,  but  the  adverse 
party  shall  be  allowed  to  select  two.  The  commissioner  shall  be  dis- 
interested, having  no  relationship  or  interest  to  the  parties.  His  com- 
pensation not  exceeding  two  dollars  per  day,  as  cost  in  the  suit.  Neither 
party  nor  representative  to  be  present.  On  refusal  of  witness  to  appear 
or  answer,  an  affidavit  presented  to  a  judge  of  the  Superior  Court,  or 
the  ordinary,  shall  cause  an  order  to  issue  to  arrest  and  bring  him 
before  such  judge  or  ordinary;  after  hearing  his  excuses  he  shall 
order  the  witness  lodged  in  jail  until  he  answers.  This  provision  ex- 
tends to  commissions  sent  from  the  courts  of  other  States  in  the 
United  States.  No  witness  shall  be  required  to  go  out  of  the  county, 
nor  more  than  ten  miles  from  his  residence;  he  shall  have  court  wit- 
ness fees.  Witnesses  may  write  their  answers  in  the  presence  of  the 
commissioners.  It  shall  be  certified  by  the  commissioners  and  returned 
with  the  commission.  The  answers  to  be  made  under  oath,  signed 
by  the  witness  and  attested  by  the  commissioners,  and  place  of 
execution  shown.  All  papers,  etc.,  to  be  sealed  in  an  envelope,  with 
the  names  of  the  commissioners  written  across  the  seal  and  directed 
to  the  officer  of  the  Court.  It  can  be  sent  by  mail  or  express,  by  the 
party  himself  or  by  some  private  hand.  The  postmaster  or  express 
company  receiving  must  certify  to  the  fact.  The  postmaster  or  ex- 
press agent  delivering  must  certify  to  its  reception  by  due  course  of 
mail  or  express,  or  the  party  delivering  it  by  hand  must  make  affidavit 
of  the  fact  and  of  its  freedom  from  alteration.  The  postmaster  at  the 
office  to  which  it  is  directed  shall  immediately  upon  its  receipt  indorse 
upon  it  the  fact  of  its  reception  by  due  course  of  mail,  and  at  once  de- 
liver it  to  the  clerk  or  presiding  judge  or  justice.  The  clerk  or  judge 
receiving  shall  indorse  thereon  from  whom  received  and  the  time;  it 
shall  be  filed  away  unbroken  and  may  be  opened  any  time  by  written 
consent  of  counsel  for  both  sides.  A  party  failing  to  return  or  wil- 
fully abstracting  the  commission  shall  be  attached  for  contempt  and 
otherwise  dealt  with  until  same  is  returned.  The  adverse  party  or  his 
attorney  may,  in  writing,  waive  the  commission  and  the  answers  of 
the  witness  may  be  taken  in  virtue  of  such  agreement.  The  person 
taking  shall  administer  the  usual  oath  to  the  witness  under  the  penal- 
ties of  perjury  in  this  State.  Exceptions  must  be  in  writing  and  notice 
given  the  opposite  party  before  the  case  is  submitted  to  the  jury;  pro- 
vided, the  same  has  been  in  the  clerk's  office  for  twenty-four  hours. 
Depositions  read  on  the  first  trial  shall  not  be  subject  to  formal  excep- 
tions in  subsequent  trials.  In  any  court  of  record,  either  party  may, 
without  an  order  or  commission,  take  the  deposition  of  a  witness,  resident 
of  the  county  or  not,  on  giving  adverse  party  five  days'  notice  of  time, 
place,  and  names  of  witnesses.  To  be  taken  before  any  commissioner 
appointed  by  the  judge  of  the  county  Superior  Court.  The  commis- 
sioner to  summon  witnesses  and  compel  attendance.  HIS  FEES  TO 
WIT:  Examining  each  witness,  $2.00;  certifying  and  returning  testi- 
mony for  plaintiff  or  defendant  in  each  case,  50  cents;  issuing  subpoena, 
25  cents.  PEEPETUATION  OF  TESTIMONY— Superior  Courts  may 
entertain,  where  the  facts  cannot  be  made  immediately  the  subject  of 


150  NOTARIES  PUBLIC. 

investigation  at  law,  and  the  common  law  proceedings  under  the  code 
as  available  or  as  completely  available  as  a  proceeding  in  equity.  Fail- 
ure to  appoint  a  commissioner  by  the  judge  of  the  Superior  Court  of 
any  county,  or  a  vacancy  occurring  in  the  office  of  commission,  the 
clerk  of  said  court  shall  act  as  such  commissioner,  all  witnesses  to  be 
examined  in  the  county  of  their  residence,  and  before  the  commissioner 
or  clerk  acting  as  such.  Commissioner  has  power,  notice  being  given 
to  the  opposite  party  or  his  attorney,  or  a  subpoena  duces  tecum  being 
served,  five  days  previous  to  the  hearing,  to  require  any  witness  or 
party  to  produce  at  the  hearing  books,  writings  and  other  documents 
in  his  possession,  power,  custody  or  control.  A  refusal  to  appear  or 
answer  without  legal  excuse  shall  be  treated  as  contempt.  Certification 
of  same  to  the  judge  of  the  court  where  case  is  pending  shall  be 
punishable  by  the  judge  as  committed  before  him. 

§  358.  Hawaiian  Islands — DEPOSITIONS — Any  court  of  record,  or 
its  judges,  in  suits  pending  before  them  can  order  a  commission  to  issue 
for  the  examination  of  witnesses  residing  in  a  foreign  country  or  other 
circuit,  upon  oath,  by  interrogatories  or  otherwise,  with  full  instructions 
as  to  taking.  When  it  shall  appear  to  the  satisfaction  of  the  court 
and  that  the  witness  is  beyond  the  jurisdiction  of  the  court,  a  resident 
of  another  circuit,  dead  or  unable  to  be  present  at  the  trial.  Notice 
to  be  given  the  adverse  party,  his  agent  or  attorney,  allowing  twenty- 
four  hours  after  notice  and  one  day  exclusive  of  Sundays  for  every 
twenty-five  miles  of  travel,  if  he  lives  more  than  twenty-five  miles 
from  the  place  of  taking  the  deposition.  Who  can  take — A  district 
magistrate,  circuit  judge  or  clerk,  notary.  ABROAD — Ministers,  com- 
missioners, consuls,  vice-consuls.  The  witness  to  be  sworn  or  affirmed 
to  testify  to  the  truth,  the  whole  truth,  and  nothing  but  the  truth. 
The  examination  to  be  oral  or  by  written  interrogatories;  same  to  be 
written  by  the  officer  or  some  one  by  him  appointed,  to  be  taken  in 
his  presence,  to  be  read  by,  or  to,  and  signed  by  the  deponent.  The 
officer  then  to  annex  his  certificate,  stating  the  time,  place  and  manner 
of  the  taking,  the  cause  for  which  it  was  taken,  who  were  present, 
whether  adverse  party  attended,  stating  notice,  if  any  given.  The 
deposition  then  to  be  enclosed  in  an  envelope,  sealed  up,  directed  to  the 
court  or  arbitrators  before  whom  the  cause  is  in  trial,  and  delivered; 
and  shall  remain  sealed  until  opened  by  direction  of  the  court,  arbi- 
trators' or  referees'  objections  to  be  made  at  the  taking  and  noted  on 
the  deposition  if  upon  written  interrogatories.  Witness  may  be  sum- 
moned and  compelled  to  attend  the  examination. 

§  359.  Idaho— BEFORE  WHOM  TAKEN— Any  judge,  justice  of  the 
peace,  notary,  mayor  or  recorder  of  a  city,  clerk  of  a  court  of  record 
or  commissioner  appointed  by  the  Court,  must  be  a  disinterested  party. 
Within  the  United  States,  no  commission  is  necessary.  Outside  the 
United  States,  the  clerk  shall,  upon  request  of  the  party,  issue  a 
commission  to  the  officer  or  commissioner  designated.  No  order  of 
Court  or  affidavit  necessary.  If  the  commission  contains  the  name 
of  the  officer,  his  attestation,  officially  certifying  the  same  is  suffi- 
cient.    If  his  name  is  not  specified  and  he  have  no  official  seal,  then 


DEPOSITIONS.  151 

his  certificate  shall  be  authenticated  by  the  certificate  and  official  seal 
of  the  clerk  or  prothonotary  of  any  court  of  record  of  his  county. 
Notice  must  be  given  the  adverse  party,  his  agent  or  attorney,  stating 
the  cause,  Court,  time,  place,  and  names  of  witnesses,  allowing  one  day 
for  each  twenty  miles  party  may  have  to  travel,  not  exceeding  thirty 
<lays.  If  the  party  nor  his  attorney  reside  in  the  State,  notice  may  be 
filed  in  the  clerk's  office  and  published  three  weeks  successively  in  the 
county  where  suit  is  pending  and  a  copy  mailed  to  the  party  or  his 
attorney,  allowing  ten  days.  May  be  taken  by  either  party  in  vaca- 
tion or  term  time,  after  service  of  summons,  without  order  of  Court. 
The  Court  may  fix  the  time.  A  witness  is  not  obliged  to  attend  out- 
side his  county.  Officer  can  summon  and  compel  attendance  by  report- 
ing to  any  Probate  or  District  Court  of  the  county,  and  on  refusal 
then  to  comply  the  Court  will  deal  as  for  contempt.  The  deponent 
shall  be  sworn  by  the  officer  to  testify  to  the  truth,  the  whole  truth, 
and  nothing  but  the  truth.  The  party  producing  him  to  first  examine, 
then  the  adverse  party,  and  then  the  officer  or  parties  afterwards  if 
they  see  cause.  The  deposition  to  be  written  down  by  the  officer,  or  the 
deponent,  or  some  disinterested  person,  in  the  presence  and  under  the 
direction  of  the  officer.  After  being  read  to  or  by  the  deponent,  he 
shall  subscribe  to  it.  The  officer  shall  annex  his  certificate  and  state 
that  the  deponent  was  sworn  according  to  law;  by  whom  the  deposi- 
tion was  written;  that  it  was  written  in  the  presence  and  under  the 
direction  of  the  officer;  whether  the  adverse  party  was  present;  time 
and  place  of  taking  and  the  hours  between.  The  officer  shall  sign 
and  attest  the  certificate,  seal  with  his  official  seal,  if  he  have  one. 
The  officer  shall  seal  it  up  and  direct  it  to  the  clerk  of  the  Court, 
indorsing  on  the  envelope  the  names  of  the  parties  and  the  witnesses 
deposed.  Must  be  filed  in  Court  one  day  before  trial.  Objections 
must  be  made  before  trial.  It  may  be  used  in  a  second  trial  or  in 
any  other  action  between  the  parties  for  the  same  cause,  if  it  has 
remained  during  the  time  on  file  in  the  Court.  DEPOSITIONS  TAKEN 
FOR  PERPETUATING  TESTIMONY  may,  at  any  time,  be  published 
by  order  of  the  Court  in  the  office  of  the  clerk  where  filed  and  entered 
upon  record,  on  the  motion  of  any  one  interested,  at  the  cost  of  the 
party. 

§  360.  Illinois— WHO  MAY  TAKE— The  testimony  of  any  witness 
residing  or  being  within  the  State  necessary  in  any  suit  in  chancery 
in  this  State,  may  be  taken  before  any  judge,  justice  of  the  peace, 
clerk  of  a  court,  master  in  chancery  or  notary  public,  without  a  com- 
mission or  filing  interrogations  for  such  purpose,  on  giving  the  adverse 
party  or  his  attorney  ten  days'  notice  of  the  time  and  place  of  taking, 
and  one  day  in  addition  (Sundays  inclusive)  for  every  fifty  miles'  travel 
from  the  place  of  holding  the  Court  to  where  such  deposition  is  to  be 
taken.  If  the  party  entitled  to  notice  and  his  attorney  resides  in  the 
county  where  the  deposition  is  to  be  taken,  five  days'  notice  sufficient. 
RESIDENT  WITNESS— Upon  satisfactory  affidavit  being  filed,  deposi- 
tions of  witnesses  residing  in  this  State,  to  be  read  in  suits  at  law, 
may  be  taken  in  like  manner  and  upon  like  notice;  where  the  witness 


152  NOTARIES  PUBLIC. 

resides  in  a  different  county  from  that  in  which  the  Court  is  held, 
is  about  to  depart  from  the  State,  is  in  custody  on  legal  process,  or 
is  unable  to  attend  such  Court  on  account  of  advanced  age,  sickness 
or  other  bodily  infirmity.  NON-RESIDENT  WITNESS— Any  witness 
residing  within  this  State  more  than  one  hundred  miles  from  the  place 
of  holding  the  Court,  or  not  residing  in  this  State,  or  who  is  en- 
gaged in  the  military  or  naval  service  of  this  State  or  the  United 
States,  and  is  out  of  this  State,  necessary  in  any  civil  cause  pending 
in  any  court  of  law  or  equity  in  this  State,  ten  days'  notice  to  be 
given  the  adverse  party,  or  his  attorney,  together  with  a  copy  of  the 
interrogatories  to  be  put  to  such  witness,  and  to  sue  out  from  the  proper 
clerk's  office  a  dedimus  potestatum  or  commission,  under  the  seal  of 
the  Court.  When  the  deposition  of  any  witness  is  desired  to  be  taken 
and  the  adverse  party  is  not  a  resident  of  the  county  in  which  the  suit 
is  pending,  or  is  in  default,  and  no  attorney  has  appeared  for  him 
in  such  cause,  upon  filing  an  affidavit  of  such  fact  and  stating  the 
place  of  residence  of  such  adverse  party,  if  known,  or  that  upon  dili- 
gent inquiry,  his  place  of  residence  cannot  be  ascertained,  notice  may 
be  given  by  sending  a  copy  thereof  by  mail,  postage  paid,  addressed  to 
such  party  at  his  place  of  residence,  if  known,  or  if  not  known,  by 
posting  a  copy  of  such  notice  at  the  door  of  the  court  house  where 
the  suit  is  pending,  or  publishing  the  same  in  the  nearest  newspaper, 
and  when  interrogatories  are  required,  filing  a  copy  thereof  with  the 
clerk  of  the  Court  ten  days  before  the  time  of  suing  out  such  com- 
mission. ORAL  EXAMINATION — When  a  party  shall  desire  to  take 
the  evidence  of  a  non-resident  witness,  to  be  used  in  any  cause 
pending  in  this  State  the  party  desiring  the  same,  or  where  notice 
shall  have  been  given  that  a  commission  to  take  the  testimony  of  a 
non-resident  witness  will  be  applied  for,  the  opposite  party,  upon  giving 
the  other  three  days'  notice  in  writing  of  his  election  so  to  do,  may 
have  a  commission  directed  to  take  such  evidence,  upon  interrogatories 
to  be  propounded  to  the  witness  orally;  upon  the  taking  of  which  each 
party  may  appear  before  the  commission,  in  person  or  by  attorney,  and 
interrogate  the  witness.  The  party  desiring  such  testimony  shall  give 
to  the  other  the  following  notice  of  the  time  and  place  of  taking  the 
same,  to  wit:  ten  days,  and  one  day  in  addition  thereto  (Sundays 
included)  for  every  one  hundred  miles'  travel  from  the  place  of  hold- 
ing the  Court  to  the  place  where  such  deposition  is  to  be  taken. 
ORAL  EXAMINATION,  COSTS— When  a  party  to  a  suit  shall  give  the 
opposite  party  notice  to  take  a  deposition  upon  oral  interrogatories, 
and  shall  fail  to  take  the  same  accordingly,  unless  such  failure  be 
on  account  of  the  non-attendance  of  the  witness,  not  occasioned  by 
the  fault  of  the  party  giving  the  notice,  or  some  other  unavoidable 
cause,  the  party  notified,  if  he  shall  attend  himself  or  by  attorney, 
agreeably  to  the  notice,  shall  be  entitled  to  $2.00  per  day  for  each 
day  he  may  attend  under  such  notice,  and  to  six  cents  per  mile  for 
every  mile  that  he  shall  necessarily  travel  in  going  to  and  returning 
from  the  place  designated  to  take  the  deposition,  to  be  allowed  by 
the   Court   where   the   suit   is   pending,   and    for   which    execution   may 


DEPOSITIONS.  153 

issue.     HOW  TAKEN  AND  CERTIFIED — Previous  to  the  examination 
of  any  witness  he  or  she  shall  be  sworn  (or  affirmed)  by  the  person  or 
persons   authorized   to   take   the   same,   to   testify   the   truth   in   relation 
to  the  matter  in  controversy,  so  far  as  he  or  she  may  be  interrogated; 
whereupon   the   officer   authorized   to   take   depositions   shall   proceed   to 
examine  such  witness  upon  all  such  interrogatories  as  may  be  inclosed 
with   or  attached   to  any  such   commission  as  aforesaid   and   which   are 
directed   to  be  put   to   such   witness,   or   where   the   testimony   is   taken 
upon    oral    interrogatories,    upon    all    such    interrogatories    as    may    be 
directed  to  be  put  by  either  party  litigant;  and  shall  cause  such  inter- 
rogatories,   together    with    the   answers    of    the    witness    thereto,    to    be 
reduced  to  writing  in  the   order   in  which   they   shall  be  proposed   and 
answered,   and    signed   by    such   witness;    after   which,    it   shall   be    the 
duty  of  the  person  taking  the  deposition  to  annex  at  the  foot  thereof 
a   certificate,   subscribed  by  himself,   stating  that   it  was   sworn  to   and 
signed   by   the   deponent,   the   time   and   place,   when   and   where   taken. 
Every    such    deposition,    taken    and    subscribed,    and    all    exhibits    pro- 
duced, or  which  shall  be  proved  or  referred  to  by  any  witness,  together 
with    the    commission    and    interrogatories,    if    any,    shall    be    inclosed, 
sealed  up,  and  directed  to  the  clerk  of  the  Court  in  which  the  action 
shall  be  pending,  with  the  names  of  the  parties  litigant  indorsed  thereon; 
provided,    that   when   any    deposition    shall   be   taken    as    aforesaid,   by 
any  judge,  master  in  chancery,  notary  public,   or  justice   of  the   peace 
out  of  this  State,  or  other  officer,  such  return  shall  be  accompanied  by 
a  certificate  of  his  official  character,  under  the  great  seal  of  the  State, 
or  under  the  seal  of  the  proper  court  of  record  of  the  county  or  city 
wherein   such    deposition   shall   be   taken.     Every   deposition   that    shall 
be  returned  to  the  Court  unsealed,  or  the  seal  of  which  shall  be  broken 
previous   to   its   reception  by   the   clerk   to   whom   it    is   directed,   shall, 
if  objection  be  made  thereto  in  proper  time,  be  regarded  by  the  Court 
as    informal    and    insufficient.      It    shall    not    be    lawful    for   any    party 
litigant   or   the  clerk   of  the   Court   into   which   any   deposition   may  be 
returned,   as  aforesaid,   to  break   the   seal   of   the   same,   either   in   term 
time   or   in  vacation,  unless  by  written   consent   of  the   parties   thereto 
or  their  attorneys,  or  by  the  order  of  the  Court,  duly  entered  of  record. 
And  if  any  such  person  or  clerk  shall  presume  to  open  any  such  deposition 
when  taken   and  returned   as   aforesaid,  without   such   consent   or   order 
of  the  Court,  he  shall  be  considered  guilty  of  a  contempt  of  Court,  and 
may  be  punished  accordingly;  provided,  that  it  shall  not  be  considered 
an  offense  for  the  clerk  to  break  open  any  such  deposition,  when  it  is 
doubtful    from    the    indorsements   made    thereon   whether   the    same   be 
a  deposition  or  not;   but  in  such   case,  it   shall   not  be  proper  for  such 
clerk  to   permit   any  person   to   examine   any   deposition   which   may  be 
thus    opened    by    mistake,    until    the    consent    of    the    parties    or    their 
attorneys  is  first  had   and   obtained   therefor,   or   until   the   Court   shall 
have    entered    the    order    therefor.      WRITING — The    party,    his    attor- 
ney,  or  any  person   who   shall   in   any   wise  be   interested   in   the   event 
of  the   suit,   shall   not   be   permitted   to   dictate,   write   or   draw   up   any 
deposition    which    may    at    any    time    be    taken    under    this    act,    or    be 


154  NOTARIES  PUBLIC. 

present  during  the  taking  of  any  deposition  by  written  interroga- 
tories; and  every  deposition  so  dictated,  written  or  drawn  up,  or  dur- 
ing the  taking  of  which  any  such  party,  his  attorney,  or  any  person  so 
interested  is  present  when  the  same  is  taken  upon  written  interroga- 
tories as  aforesaid,  shall  be  rejected  by  the  Court  as  informal  and  in- 
sufficient. EVIDENCE — Every  examination  and  deposition  which  shall 
be  taken,  and  returned  according  to  the  provisions  of  this  act  may 
be  read  as  good  and  competent  evidence  in  the  cause  in  which  it 
shall  be  taken,  as  if  such  witness  had  been  present  and  examined  by 
parol  in  open  Court,  on  the  hearing  or  trial  thereof.  A  FURTHER 
EXAMINATION — If  it  shall  appear  to  the  satisfaction  of  the  Court  that 
any  witness  has  not  given  full  or  proper  answers  to  the  interrogatories 
or  cross-interrogatories  accompanying  the  commission  to  take  his  tes- 
timony, or  that  a  further  examination  ought  to  be  allowed  to  either 
party  for  the  ends  of  justice,  may  allow  another  commission  to  issue 
to  the  same  or  other  commissioner,  to  further  examine  the  witness 
in  such  manner  and  upon  such  conditions  and  notice  as  the  Court  shall 
direct.  ATTENDANCE  OF  WITNESSES— Every  officer  required  to  take 
depositions  in  this  State,  or  by  virtue  of  any  commission  issued  out  of  any 
court  of  record  in  any  other  State,  Territory  or  country,  shall  have 
power  and  authority  to  issue  subpoenas,  if  necessary,  to  compel  the 
attendance  of  all  witnesses,  in  the  same  manner  as  witnesses  are  sub- 
poenaed in  other  cases,  and  any  witness  neglecting  or  refusing  to  obey 
such  subpoena,  or  refusing  to  testify,  or  to  subscribe  his  deposition 
when  correctly  taken,  the  officer  issuing  such  subpoena  shall  at  once 
report  in  writing  the  facts  accompanying  the  same  with  a  copy  of  the 
commission  or  other  authority  received  by  him,  together  with  a  copy 
of  the  subpoena  and  the  return  of  service  thereof,  and  file  the  same 
in  the  office  of  the  clerk  of  the  Circuit  Court  of  such  county,  and 
thereupon  attachment  shall  issue  out  of  said  Court  against  such  wit- 
ness, returnable  forthwith,  before  the  Circuit  Court  of  such  county  if 
in  term  time,  or  before  any  judge  of  said  Court  if  in  vacation,  who 
shall  hear  and  determine  the  matter  in  a  summary  way,  and  it  appear- 
ing to  the  Court  to  be  wilful,  and  without  lawful  excuse,  the  Court 
shall  punish  such  witness  by  fine,  and  imprisonment  in  the  county  jail 
as  the  nature  of  the  case  may  require  in  cases  of  contempt  of  Court. 
FEES  OF  WITNESSES — Every  person  attending  to  be  examined  shall 
be  entitled  to  compensation  at  the  same  rate  as  is  allowed  to  witnesses 
attending  courts  of  record  in  this  State;  and  the  party  requiring  such 
examination  shall  pay  the  expense  thereof,  but  may,  if  successful  in 
the  suit,  be  allowed  for  the  same  in  the  taxation  of  costs.  On  the  trial 
of  every  suit  in  chancery,  oral  testimony  shall  be  taken  when  desired 
by  either  party.  TESTIMONY  PERPETUATED— Where  any  person 
shall  desire  to  perpetuate  the  remembrance  of  any  fact,  matter  or 
thing,  necessary  to  the  security  of  any  estate,  real,  personal  or  mixed, 
or  any  private  right,  such  person,  upon  filing  a  petition  supported  by 
affidavit  in  the  Circuit  Court  of  the  proper  county,  setting  forth,  briefly 
and  substantially,  his  interest,  claim  or  title  concerning  which  he  desires 
to   perpetuate   evidence,   the   names   of   all   other   persons   interested   or 


DEPOSITIONS.  155 

supposed  to  be  interested  therein,  and  whether  there  are  any  persons 
interested  therein  whose  names  are  unknown  to  the  petitioner,  and  the 
name  of  the  witness  proposed  to  be  examined,  may  sue  out  from  such 
court  a  dedimus  potestatem  or  commission,  authorizing  the  deposition 
of  such  witness.  Such  petition  shall  be  docketed  by  the  clerk  as  other 
cases  in  equity,  the  petitioner  being  designated  as  plaintiff,  and  the 
persons  stated  to  be  interested,  as  aforesaid,  as  defendants — the  parties 
whose  names  are  unknown  being  designated  as  "unknown  owners." 
SEVERAL  COMMISSIONS  MAY  ISSUE— Several  commissions  may  be 
issued,  upon  the  same  petition,  to  different  commissioners  or  officers, 
either  within  or  without  this  State,  to  take  the  testimony  of  different 
witnesses,  or  witnesses  residing  in  different  places,  or  the  same  com- 
missioners or  officers  may  proceed  from  place  to  place  to  take  the 
same.  NOTICE — Before  taking  the  testimony  of  a  witness,  the  person 
suing  out  such  commission  shall  give  to  each  and  every  person  known 
to  be  interested  in  the  subject  matter  of  such  testimony,  or  his 
attorney,  or,  if  a  minor,  his  guardian,  or,  if  he  has  no  guardian, 
or  if  his  guardian  is  interested,  to  such  guardian  ad  litem  as  shall 
be  appointed  by  the  Court,  or  to  his  or  her  conservator,  if  he  or 
she  has  one,  two  weeks'  notice,  in  writing,  of  the  time  and  place 
when  and  where  the  testimony  will  be  taken,  which  notice  shall  state 
when  and  where  the  petition  was  filed,  the  names  of  the  parties  and 
witnesses  mentioned  in  the  petition,  and  a  short  statement  of  the  sub- 
ject matter  concerning  which  the  testimony  is  to  be  taken.  NOTICE 
TO  NON-RESIDENTS,  ETC.— Notice  to  non-resident  parties,  or  such 
as  cannot  be  found  so  as  to  be  personally  served,  and  to  unknown 
owners,  may  be  given  in  the  same  manner  as  is  provided  for  notifying 
non-resident  parties  in  suing  out  a  commission  to  take  testimony  in 
a  case  pending.  COURT  NOTICE — When  in  the  opinion  of  the  Court 
no  sufficient  provision  is  made  by  law  for  giving  notice  to  parties 
adversely  interested,  the  Court  may  order  such  reasonable  notice  to  be 
given  as  it  shall  deem  proper.  Every  person  who  may  think  himself 
interested  in  the  subject  of  a  deposition  about  to  be  taken,  may  attend, 
by  himself  or  his  attorney,  at  the  time  and  place  of  taking  such  testi- 
mony, and  may  examine  and  cross-examine  such  deponent,  and  all  such 
questions  as  may  be  proposed,  together  with  the  answers  thereto  by 
the  witness,  shall  be  reduced  to  writing  in  the  English  language,  as 
near  as  possible  in  the  exact  words  of  such  deponent,  which  said  ques- 
tions and  answers,  when  reduced  to  writing,  shall  be  distinctly  read 
over  to  the  witness,  and  if  found  to  be  correct,  shall  be  signed  by  him 
in  the  presence  of  the  officer  before  whom  the  same  is  taken,  who 
shall  thereupon  administer  an  oath  or  affirmation  to  such  witness,  as  to 
the  truth  of  the  deposition  so  taken,  and  shall  annex  at  the  foot  thereof 
a  certificate,  subscribed  by  such  officer,  stating  that  it  was  sworn  to 
and  signed  by  the  deponent,  and  the  time  and  place  when  and 
where  the  same  was  taken;  and  all  such  depositions  shall  be  carefully 
sealed  up  and  transmitted  to  the  clerk  of  the  Circuit  Court  of  the 
county  from  which  such  dedimus  shall  have  been  issued,  within  thirty 
days  from  the  time  of  taking;   who  shall  thereupon  enter  the  same  at 


156  NOTAEIES  PUBLIC. 

large  upon  the  records  in  his  office,  and  shall  certify  on  the  back  of 
such  deposition  that  the  same  has  been  duly  recorded,  and  return  it 
to  the  person  for  whose  benefit  it  shall  have  been  taken.  All  depositions 
taken  under  the  provisions  of  the  seven  preceding  sections,  or  a  certified 
copy  of  the  record  thereof,  may  be  used  as  evidence  in  any  case  to 
which  the  same  may  relate,  in  the  same  manner  and  subject  to  the 
same  conditions  and  objections  as  if  it  had  been  originally  taken  in  the 
suit  or  proceeding  in  which  it  is  sought  to  be  used;  and  parties  notified 
as  "unknown  owners,"  in  the  manner  hereinbefore  provided,  shall  be 
bound  to  the  same  extent  as  other  parties.  ELECTION  CONTEST— 
Whenever  a  notice  shall  have  been  given  of  intention  to  contest  an 
election,  either  party  may  proceed  to  take  testimony  of  any  witness, 
on  giving  to  the  adverse  party  or  his  attorney  ten  days'  notice  of  the 
time  and  place  of  taking  the  same,  and  one  day  in  addition  thereto 
(Sunday  inclusive)  for  every  fifty  miles'  travel  from  the  place  of 
residence  of  such  party  to  the  place  where  such  deposition  is  to  be 
taken.  If  the  party  entitled  to  notice  resides  in  the  county  where  the 
deposition  is  to  be  taken,  five  days'  notice  shall  be  sufficient.  A  copy 
of  the  notice  to  take  depositions,  with  proof  of  the  service  thereof, 
with  the  deposition,  shall  be  sealed  up  and  transmitted  by  mail  or 
otherwise  to  the  Secretary  of  State,  with  an  indorsement  thereon 
showing  the  names  of  the  contesting  parties,  the  office  contested,  and  the 
nature  of  the  papers.  The  officer  before  whom  depositions  are  taken 
shall  have  power  to  compel  the  production  of  papers,  and  the  attend- 
ance of  witnesses;  and  the  same  proceedings  may  be  had  to  compel 
the  attendance  of  witnesses  as  are  provided  in  the  cases  of  taking 
depositions  to  be  used  in  courts  of  law  and  equity.  Depositions  in 
actions  before  justices  of  the  peace  to  be  taken  upon  like  notice  and  in 
like  manner. 

§  361.  Indiana — Commission  to  take  only  necessary  when  outside 
the  United  States.  No  order  of  Court  necessary;  the  clerk  can  issue  it. 
When  the  commission  contains  the  name  of  the  officer,  his  attestation 
is  sufficient,  but  if  not  containing  the  name  and  the  party  has  no 
official  seal,  then  the  certificate  must  be  authenticated  by  the  certificate 
and  official  seal  of  the  clerk  or  prothonotary  of  any  court  of  record 
where  the  officer  exercises  his  duties.  Must  be  filed  with  the  Court 
at  least  one  day  before  trial.  Taken  anywhere,  before  any  judge,  jus- 
tice of  the  peace,  notary,  mayor  or  city  recorder,  clerk  of  a  court  of 
record  or  commissioner  appointed  by  the  Court.  Must  be  disinterested 
person.  Eeasonable  notice  to  be  given  the  adverse  party  of  the  cause, 
court,  time,  place  and  names  of  the  witnesses.  Officer  can  compel  the 
attendance  of  witnesses  by  reporting  fact  to  the  Superior  or  Circuit 
Court  of  the  county.  Deponent  to  be  first  sworn  to  testify  the  truth, 
the  whole  tiuth  and  nothing  but  the  truth.  He  shall  then  be  exam- 
ined by  the  party  producing  him,  then  by  the  adverse  party  and  by 
the  officer  or  parties  if  they  desire.  The  deposition  to  be  written  by 
the  officer  or  the  deponent  or  some  disinterested  person,  in  the  pres- 
ence and  under  the  direction  of  the  officer,  read  to  or  by  the  deponent 
and   subscribed  by  him.     Officer  to   annex  his   certificate,  stating  that 


DEPOSITIONS.  157 

the  deponent  was  sworn  according  to  law,  who  wrote  the  deposition, 
if  in  the  presence  of  the  officer,  whether  the  adverse  party  were  present, 
time,  place  and  the  hour  of  taking.  Officer  shall  sign  and  attest  the 
certificate,  and  seal  it  if  he  have  an  official  seal.  The  same  to  be  then 
sealed  up  in  an  envelope,  direct  it  to  the  clerk  of  the  Court  where  the 
cause  is  pending,  indorse  on  the  envelope  the  names  of  the  parties  and 
the  witnesses  whose  depositions  are  inclosed. 

§  362.  Indian  Territory — Depositions  may  be  taken  in  this  Terri- 
tory before  any  judge  or  clerk  of  a  court  of  record,  a  justice  of  the 
peace,  mayor  of  a  city  or  notary  public.  May  be  taken  out  of  the 
Territory  before  commissioner  appointed  by  the  Governor,  a  judge  of 
a  court,  a  justice  of  the  peace,  mayor  of  a  city,  notary  public,  or  anyone 
empowered  by  a  commission,  directed  to  him  by  consent  of  the  parties, 
or  by  order  of  the  court.  The  certificate  of  the  county  court  clerk 
must  be  attached  to  depositions  taken  out  of  this  Territory,  stating, 
under  the  court  seal,  that  such  officer  was  an  acting  judge  or  justice 
of  the  peace  and  duly  commissioned  as  such.  Xot  necessary  for  officers 
in  this  Territory.  If  taken  outside  the  United  States  the  official 
character  of  the  officer  must  be  attested  by  the  seal  of  his  govern- 
ment. Eeasonable  written  notice  must  be  given  the  adverse  party, 
signed  by  the  party  giving  it,  or  his  attorney,  and  must  specify  the 
time,  place  and  action  when  used.  May  be  served  as  the  summons 
is  served.  If  the  adverse  party  nor  his  attorney  reside  in  the  county, 
notice  in  the  office  of  the  county  clerk  is  sufficient  notice  to  allow  one 
day  for  each  thirty  miles  and  one  day  for  preparation  if  less  than 
one  hundred  miles,  two  days'  if  more.  If  the  travel  is  by  boat,  cars 
or  other  public  conveyance,  and  exceeds  fifty  miles,  the  time  ordinarily 
required  is  sufficient  with  the  time  for  preparation.  If  less  than  thirty 
miles,  reasonable  opportunity  is  sufficient.  If  witness  is  unable  to 
attend  from  age,  infirmity,  or  imprisonment,  can  adjourn  until  the 
next  day,  and  to  a  more  convenient  place  by  posting  notice  on  the 
front  door,  before  noon,  where  it  was  to  be  taken.  Affidavit  must  be 
made  to  that  effect,  certified  by  the  officer.  Court  may  appoint  com- 
missioner to  take  interrogatories.  Xeither  party  to  the  suit  or  their 
attorneys  to  be  present  at  the  examination  unless  both  or  the  opposite 
party  has  been  notified.  Officer  can  subpoena  witness.  Must  be  writ- 
ten in  presence  of  the  officer,  the  officer's  certificate  to  state  time  and 
place  of  taking,  witness  was  sworn  before  taking,  was  written,  read 
and  subscribed  to  by  the  witness,  in  officer's  presence,  by  whom  writ- 
ten, who  were  present.  Same  to  be  sealed  up  by  the  officer  and  ad- 
dressed to  the  clerk  of  the  court  with  a  note  showing  them  to  be 
depositions  and  style  of  case.  May  be  mailed  or  delivered  to  clerk. 
If  outside  the  Territory,  may  be  delivered  by  party  taking,  who  shall 
make  oath  to  the  clerk  that  the  same  have  not  been  opened  by  him. 
Must  be  filed  with  the  case.  Parties  outside  the  Territory  may  take 
depositions  on  application  to  the  county  judge. 

§  363.  Iowa — May  be  taken  before  any  person  authorized  to  admin- 
ister oaths,  or  by  commissioners  on  interrogatories.  If  the  action  is  by 
equitable  proceedings  and  to  be  tried  on  written  evidence,  then,  either 


158  NOTAEIES  PUBLIC. 

party  may  take  the  deposition.  Who  may  act — The  clerk  or  judge  of 
any  court  of  record  or  any  commissioner  of  deeds  appointed  by  the 
Governor  of  this  State  to  act  in  another  State,  any  notary,  consul  or 
consular  agent  of  the  United  States,  within  their  jurisdiction.  Reason- 
able notice  to  be  given  the  adverse  party  as  to  name  of  witness,  time, 
place,  when  and  where  taken.  Cannot  take  on  election  day  or  the 
Fourth  day  of  July.  Party  desiring  deposition  may  select  the  com- 
missioners or  the  parties  may  agree,  or  the  Court  may  appoint  any 
other  individual.  Notice — When  served  on  the  attorney,  ten  days;  on 
the  party,  five  days,  allowance  for  travel  of  one  day  for  each  thirty 
miles.  No  party  is  required  to  take  depositions  when  the  Court  is 
in  actual  session.  Notice  to  be  accompanied  with  the  interrogatories 
to  be  asked.  Who  to  Serve  Notice — The  clerk  of  the  Court  where  the 
case  is  pending.  If  in  an  inferior  court,  the  clerk  of  the  Circuit  Court. 
Cross-Interrogatories — At  or  before  the  time  the  adverse  party  may 
file  cross-interrogatories.  If  not  filed,  the  clerk  shall  file  the  follow- 
ing: 1.  Are  you  directly  or  indirectly  interested  in  this  action?  and 
if  interested,  explain  the  interest  you  have.  2.  Are  all  the  statements 
in  the  foregoing  answers  made  from  your  personal  knowledge?  and  if 
not,  do  your  answers  show  what  are  made  from  your  personal  knowl- 
edge, and  what  are  from  information,  and  the  source  of  that  informa- 
tion? if  not,  now  show  what  is  from  information,  and  give  its  source. 
3.  State  everything  you  know  concerning  the  subject  of  this  action 
favorable  to  either  party.  Notice,  or  notice  and  interrogatories,  may 
be  served  by  the  same  persons  on  the  same  persons,  in  the  same 
manner,  and  may  be  returned,  and  the  return  shall  be  authenticated 
in  the  same  way,  as  should  be  an  original  notice  in  the  same  cause 
when  served  other  than  by  publication.  It  may  be  served  on  the 
attorney  of  the  adverse  party  personally.  Deposition  Commission 
Form — Issues  in  the  name  of  the  Court  and  under  its  seal.  It  must 
be  signed  by  the  clerk  and  need  contain  nothing  but  the  authority 
conferred  upon  the  commissioner,  instructions  to  guide  him,  and  a 
statement  of  the  cause  and  court  in  which  the  testimony  is  to  be 
used,  and  a  copy  of  the  interrogatories  on  each  side  appended.  How 
Taken — Person  taking  must  cause  the  interrogatories  propounded  to 
be  written  out,  the  answers  immediately  underneath;  as  near  the  lan- 
guage of  the  witness  as  practicable,  if  parties  require  it.  Must  be 
read,  sworn  and  subscribed  to  by  the  witness.  Exhibits  made  by  the 
witness  must  be  appended  to  the  deposition.  Officer  to  certify  that 
it  was  subscribed  and  sworn  to  by  the  deponent  at  the  time  and  place 
mentioned.  The  deposition,  commission,  etc.,  to  be  sealed  up  and  re- 
turned to  the  clerk  of  the  Court  by  mail  unless  otherwise  agreed  by 
the  parties.  Neither  party  to  be  present,  unless  both  are  present,  or 
their  attorneys,  when  taken  upon  interrogatories.  The  certificate  shall 
state  such  fact.  The  title  of  the  cause  to  be  on  the  outside  of  the 
envelopment.  When  by  the  laws  of  any  other  State  or  country  testi- 
mony may  be  taken  in  this  State  to  be  used  therein,  the  persons  au- 
thorized to  take  such  depositions  have  power  to  issue  subpoenas  and 
compel   obedience   thereto,   to   administer   oaths,   and   to    do   any   other 


DEPOSITIONS.  159 

act  of  a  court  which  is  necessary  for  the  accomplishment  of  their  pur- 
pose. Any  sheriff  or  constable  shall  serve  their  subpoenas  and  make 
return.  If  a  party  to  a  suit  in  his  own  right,  on  being  subpoenaed, 
fail  to  appear  and  testify,  the  other  party  may  have  a  continuance.  At 
the  cost  of  the  delinquent.  If  the  party  shows  that  he  could  not  have- 
a  full  personal  knowledge  of  the  transaction,  the  Court  may  order  his 
pleading  to  be  taken  as  true,  but  subject  to  reconsideration  during  the 
term  of  the  Court.  A  deposition  to  be  taken  before  a  judge  or  justice 
of  the  peace  merely  by  name  of  office  must  contain  an  authentication 
by  the  clerk  of  the  Court  under  his  seal  of  office,  the  fact  that  the  per- 
son who  took  the  deposition  is  really  such  officer.  Taken  in  short- 
hand, the  writer  shall  be  sworn  to  take  correctly  and  truly,  and  make 
correct  extension  into  long  hand,  typewriting  or  print,  the  extension 
to  be  certified  by  the  person  taking  and  shall  be  received  as  the 
deposition.  The  shorthand  notes  shall  be  read  to  the  witness,  who 
shall  sign,  and  file  them  with  the  extension.  A  defendant  may  exam- 
ine witnesses  in  civil  and  criminal  cases,  conditionally  or  on  commission. 

§  364.  Kansas — May  be  used  only  when  the  witness  is  not  a  resident 
of  or  absent  from  the  county,  when  age,  infirmity  or  imprisonment  pre- 
vents, or  when  the  oral  testimony  of  the  witness  is  not  required.  Either 
party  may  take,  after  service  upon  the  defendant.  Before  whom — In  this 
State  before  a  judge  or  clerk  of  a  court  of  record,  county  clerk,  justice  of 
the  peace,  notary  public,  mayor,  chief  magistrate  of  any  city  or  town 
corporate,  before  a  master  commissioner,  or  any  person  empowered 
by  special  commission.  Authority  must  be  derived  from  the  State,  if 
for  use  in  the  State.  Out  of  the  State,  for  use  in  the  State,  may  be 
taken  before  by  a  judge,  justice  or  chancellor  of  any  court  of  record, 
a  justice  of  the  peace,  notary,  mayor  or  chief  magistrate  of  any  city  or 
town  corporate,  a  commissioner  appointed  by  the  Governor  of  this 
State,  or  any  person  authorized  by  special  commission  from  this  State. 
Officer  taking  must  not  be  related  or  interested.  Any  court  of  record 
in  this  State  or  any  judge  thereof  can  grant  a  commission.  Person 
must  be  named,  Court  seal  attached,  written  interrogatories  prepared, 
unless  parties  agree  otherwise.  Written  notice  to  be  given  the  adverse 
party  (unless  a  special  commission)  allowing  time  for  travel  and  one 
day's  preparation,  exclusive  of  Sunday.  The  action,  name  of  Court,  time, 
and  place  to  be  specified.  Adjournment  from  day  to  day,  if  stated 
in  the  notice.  Notice  of  taking  may  be  given  by  publication  in  the 
county  newspaper  three  consecutive  weeks,  when  the  adverse  party 
is  absent  or  a  non-resident  of  the  State.  If  there  is  no  county  paper, 
then  the  one  circulating  there  generally.  It  must  contain  all  that  is 
required  in  a  written  notice  and  proved  in  the  usual  way.  If  taken 
by  officers  having  an  official  seal,  it  must  be  authenticated  therewith 
and  their  signature.  Officers  having  no  official  seal  who  reside  out  of 
this  State  shall  sign  and  certify  to  the  deposition  and  in  addition 
have  their  act  and  qualification  certified  to  by  the  official  certificate 
and  seal  of  any  secretary  or  officer  of  the  territory  having  the  great 
seal  thereof,  or  of  the  clerk  or  prothonotary  of  any  court  having  a 
seal.     If  the   deposition  is  taken   in   this  State  by  any  officer  having 


1G0  NOTARIES  PUBLIC. 

no  seal  or  within  or  without  the  State  by  a  special  commissioner,  the 
officer's  official  signature  is  sufficient.  The  deposition  to  be  written 
in  the  officer's  presence  either  by  the  witness,  a  disinterested  person, 
or  by  the  officer,  and  subscribed  to  by  the  witness.  It  must  be  sealed 
up  and  indorsed  on  the  outside  with  the  title  of  the  cause,  the  name  of 
the  officer  and  by  him  addressed  and  transmitted  to  the  clerk  of  the 
Court  of  the  action,  there  to  remain  sealed  until  opened  by  order  of 
the  Court.  It  may  be  read  in  any  stage  of  the  action,  or  other  action 
in  the  same  matter.  The  officer  taking  must  certify  on  the  deposition 
that  the  witness  was  first  sworn  to  tell  the  truth,  the  whole  truth  and 
nothing  but  the  truth,  by  whom  the  deposition  was  reduced  to  writ- 
ing, that  it  was  written  and  subscribed  in  the  officer's  presence,  that 
it  was  taken  at  the  time  and  place  specified  in  the  notice.  The  filing 
of  the  deposition  must  be  at  least  one  day  before  the  trial.  Fees 
for  taking  in  this  State — Swearing  each  witness,  10c;  each  subpoena, 
attachment,  order  or  commitment,  50c;  Deposition,  per  100  words,  and 
certificate,  15c;  deposition  can  be  held  for  fees.  The  fees  of  the  sheriff 
and  witnesses  shall  be  added  to  the  cost  of  taking.  Witness  fees,  per  day, 
$1.50;  witness  fees  before  a  justice  of  the  peace,  per  day,  75c,  and  per 
mile  travel,  5c. 

§  365.  Kentucky — Notaries  not  authorized  to  take.  Commissioners 
of  deeds  may  take  or  may  be  taken  on  commission. 

§  366.  Louisiana — In  the  State — The  commissions  to  take  may  be  is- 
sued to  a  justice  of  the  peace  or  any  person  authorized  to  administer 
oaths.  The  interrogatories  to  be  served  on  the  adverse  party  three  days 
previous  to  forwarding  them.  When  interrogatories  have  been  annexed 
to  the  commission  and  communicated  to  the  adverse  party  or  his  coun- 
sel, notice  of  time  and  place  is  unnecessary.  COMMISSIONERS 
OUT  OF  COURT — The  clerks  of  the  parish  and  district  courts  of  the 
State  (save  New  Orleans  parish)  are  constituted  commissioners  to 
take  depositions.  A  party  to  a  suit  pending,  desiring  depositions, 
shall  apply  to  the  clerk  of  the  court,  who  will  proceed  to  take  the 
testimony  in  writing,  either  himself  or  through  some  disinterested 
person  in  his  presence,  after  giving,  at  least,  two  days'  notice  to  the 
adverse  party,  or  their  attorneys,  of  the  time  and  place;  if  the  party 
or  his  counsel  reside  out  of  the  parish,  ten  days'  notice.  The  depo- 
sition shall  be  sworn  to  and  signed  by  the  witness,  certified  to  by  the 
clerk,  under  the  seal  of  the  court,  and  filed  in  the  records  of  the  suit. 
Should  objections  be  made  to  the  taking  of  any  party,  the  clerk  to 
take  down  the  question  and  its  answer  and  the  objection  made  and 
by  whom,  on  which  the  court  will  decide.  The  clerks  of  the  court 
are  empowered  to  compel  attendance  of  witnesses,  by  subpoena  or 
attachment,  in  the  name  of  the  court.  In  the  parish  of  Orleans 
notaries  public  and  clerks  of  district  courts  are  appointed  commis- 
sioners, with  all  powers  granted  to  the  clerks  of  courts  outside,  they 
may  proceed  to  take,  on  twenty-four  hours'  notice  to  the  adverse 
party  or  his  counsel,  of  the  time  and  place.  When  taken,  the  depo- 
sitions to  be  enclosed  in  an  envelope  and  delivered  to  the  clerk  of 
the   court  where   the   suit  is   pending.     Justices   of   the   peace    in    this 


DEPOSITIONS.  161 

State  can  compel  the  attendance  of  witnesses  before  commissioners 
of  other  States  taking  depositions  here.  A  party  desiring  the  testi- 
mony of  witness  in  another  State,  to  apply  to  any  judge  having  juris- 
diction of  the  cause,  and  not  in  open  court,  and  it  shall  be  sufficient 
simply  to  swear  to  its  materiality.  Service  of  three  days'  notice  to  be 
given  the  adverse  party.  Commission  may  issue  any  time  thereafter. 
When  the  commission  is  returned,  the  party  to  use  it  must,  after 
filing  it  in  the  clerk's  office,  file  a  notice  or  take  a  rule  to  serve 
on  the  adverse  party  or  his  counsel,  to  show  cause  why  the 
same  should  not  be  used  as  testimony.  The  adverse  party  is  bound 
to  urge  his  objections  to  any  irregularities  before  trial.  If  the  wit- 
ness resides  out  of  the  parish,  in  or  out  of  the  State,  he  shall  file 
his  answers  to  the  interrogatories  within  the  period  fixed  by  court, 
on  the  motion  of  the  party  interrogating.  Notice  of  order  fixing  de- 
lay, with  copy  of  interrogatories,  to  be  served  on  the  attorney  repre- 
senting the  party  interrogated;  provided  that  when  such  party  re- 
sides out  of  the  parish  his  answers  shall  be  taken  by  commission. 
Fees  for  constable  or  sheriff — Subpoenas,  50c;  attachments,  $1.00;  for 
commissioners,  notice  and  copy,  25c;  each  subpoena  or  attachment  and 
copy,  25c;  writing  deposition,  per  100  words,  20c;  affixing  seal,  25c; 
swearing  witness,  20c. 

§  367.  Maine — Allowed  when  deponent  is  aged,  infirm,  sick  or  unable 
to  attend,  or  resident  out  of,  or  is  absent  from  the  State,  or  bound 
to  sea,  going  out  of  the  State,  or  more  than  sixty  miles  from  place 
of  trial,  or  is  a  judge  of  the  Supreme,  Superior  or  Probate  Court  and 
prevented  by  official  duty.  When  deponent  resides  in  another  town 
from  the  trial,  or  was  resident  of  same  town,  but  subsequently  re- 
moved or  died.  When  deponent  confined  in  prison  until  after  trial. 
May  be  taken  before  a  justice  of  the  peace,  notary  public,  or  a  com- 
mission, when  the  same  are  disinterested  parties.  On  application  to 
a  justice  of  the  peace,  or  notary  public,  he  may  issue  a  summons  to 
any  deponent,  except  the  adverse  party,  to  appear  at  a  designated 
time  and  place  to  give  his  deposition  and  shall  issue  notice  to  the  ad- 
verse party  to  be  present.  The  deposition  may  then  and  there  be 
taken  by  him  or  any  other  justice  or  notary,  but  the  deposition  of  the 
adverse  party  may  be  taken  by  commission.  Notice  to  adverse  party 
shall  be  served  on  him  or  his  attorney,  by  reading  it  in  his  presence 
and  hearing  or  by  giving  it  to  him  or  leaving  at  his  place  or  last 
abode  an  attested  copy.  Service  may  be  made  by  officer  or  other  per- 
son and  proved  on  his  affidavit.  No  attorney  is  recognized  unless  his 
name  is  indorsed  upon  the  writ,  or  the  summons  left  with  defendant 
or  he  has  appeared  for  the  party  in  the  cause,  or  given  notice  in  writ 
ing  that  he  is  attorney  for  the  adverse  party.  Notice  by  the  justice 
or  notary  to  one  or  more  of  the  plaintiffs  or  defendants  is  sufficient. 
The  adverse  party  to  be  allowed  one  day  for  each  twenty  miles'  travel 
Sunday  excepted.  Verbal  notice  is  sufficient,  and  when  taken  out  of 
the  State  and  not  under  a  commission  the  adverse  party  shall  have 
due  notice.  A  witness  may  be  compelled  to  attend  and  depose,  but 
not  to  travel  more  than  thirty  miles.  Deponent  to  be  first  sworn  to 
11 


162  NOTARIES  PUBLIC. 

tell  the  truth,  the  whole  truth,  and  nothing  but  the  truth.  Then  ex- 
amined by  the  party  producing  him,  verbally  or  by  written  interroga- 
tories, and  then  by  the  adverse  party,  by  the  justice  and  parties,  if 
they  see  cause.  Deposition  to  be  written  by  the  officer,  or  the  de- 
ponent or  some  disinterested  person,  in  the  presence  and  under  the 
direction  of  the  officer;  it  shall  be  read  to  or  by  the  deponent  and 
subscribed  to  by  him.  If  deception  is  used  in  taking,  the  deposition 
may  be  rejected.  The  officer,  after  the  taking,  shall  certify  and  an- 
nex to  the  deposition:  that  the  witness  was  sworn  and  when;  by  whom 
the  deposition  was  written,  and  in  his  presence  and  under  his  direc- 
tion; whether  the  adverse  party  was  notified  and  attended;  the 
cause  and  names  of  parties;  the  trial  court,  time  and  place  of 
cause  for  taking.  The  officer  shall  deliver  the  deposition  to  the 
court,  or  shall  close  and  seal  it  up  and  direct  it  to  the  court  or  ref- 
erees. A  deposition  shall  not  be  used  at  trial  if  it  can  be  shown  by 
adverse  party  that  the  cause  for  no  longer  exists.  OBJECTIONS  to 
the  competency  of  a  deponent  or  to  questions  or  answers  may  be 
made  when  the  deposition  is  produced,  but  if  taken  on  written  in- 
terrogatories the  objection  shall  be  made  before  it  is  answered.  Dep- 
ositions may  be  used  iu  a  second  suit  in  the  same  cause.  The  court 
may  admit  or  reject  depositions  taken  out  of  the  State.  Justices  of 
the  Supreme  Court  may  issue  commissions  to  take,  outside  the  State, 
for  use  in  suits  in  the  State. 

Depositions  in  perpetuam  may  be  taken  when  requested  in  writing 
under  oath,  briefly  stating  title,  interest,  claim,  names  of  parties  in- 
terested and  witnesses  desired;  present  same  to  a  judge  or  register 
of  probate,  notary,  clerk  of  the  Supreme  Court,  or  justice  of  the  peace 
and  quorum,  with  request  to  take  the  deposition;  he  shall  then  give 
notice  of  time  and  place  of  taking  to  all  persons,  the  same  as  in  other 
depositions.  May  be  used  in  civil  suits  for  petitions  for  partition  of 
land,  libels  for  divorce,  prosecutions  for  maintenance  of  bastard  chil- 
dren, petitions  for  review,  trials  before  probate  courts,  arbitrators, 
referees  and  county  commissioners;  in  cases  of  contested  senatorial 
or  representative  elections  depositions  or  affidavits  may  be  taken  in 
applications  for  pensions,  bounties  or  arrears  of  pay  under  any 
United  States  law.  The  governor  may  appoint,  with  the  advice  and 
consent  of  the  council,  upon  the  written  recommendation  of  any  judge 
of  the  Supreme  Court,  competent  stenographers  of  either  sex,  as  com- 
missioners to  take  depositions  in  all  cases  and  disclosures  of  trus- 
tees. They  shall  take  the  oath  of  office,  act  throughout  the  State, 
hold  office  four  years,  pay  $5.00  for  their  commission,  have  the  same 
powers  in  taking  depositions  of  trustees  as  justices  of  the  peace. 
Depositions  may  be  taken  stenographically  with  consent  of  the  par- 
ties to  the  suit,  the  notes  to  be  transcribed  in  full,  by  questions  and 
answers  read  to  the  deponent,  and  signed  by  him,  unless  reading  is 
waived  by  him,  no  changes  to  be  made,  unless  in  the  presence  of  the 
counsel  who  attested  the  taking.  All  facts  to  be  stated  in  the  com- 
missioner's certificate  as  to  reading,  changing,  etc.  Same  fees  allowed 
them,   as   to   justices   of   the   peace,   with   twenty  cents   per   page   addi- 


DEPOSITIONS.  1(33 

tional  for  transcripts.  Fees  for  Stenographic  Commissioners:  Travel, 
per  mile  one  way,  and  not  over  10  miles  one  way,  12c;  taking  tran- 
scripts, per  page,  20c;  subpoenas,  10c;  taking  affidavit  or  depoistion  of 
a  trustee,  20c;  writing  the  same  with  caption  and  notifying  the  parties 
and  witnesses,  per  page,  12c. 

§  368.  Maryland — Courts  of  law  and  any  of  their  judges  in  recess, 
upon  written  application  filed  by  interested  parties  in  causes  before 
them,  may  direct  their  clerk,  or  the  register  of  wills,  to  issue  a  commis- 
sion for  taking  the  deposition  of  witnesses  outside  this  state  who  cannot 
be  brought  into  court.  Same  duly  attested  to  be  admitted  as  evidence. 
The  depositions  of  such  witnesses  may  be  taken  by  either  party  to  a 
cause  in  this  State  upon  giving  not  less  than  five  days'  notice  to  the 
opposite  party  of  the  time  and  place  where  the  testimony  is  to  be 
taken,  the  name  of  the  commissioner,  notary  or  justice  of  the  peace 
before  whom  the  same  is  proposed  to  be  taken  and  names  of  witnesses. 
When  taken  same  to  be  signed  by  witness,  unless  waived  by  consent  of 
the  parties,  and  returned  to  the  court  where  cause  is  pending.  Formal 
notice  may  be  dispensed  with  by  agreement  of  parties.  Testimony  of  non- 
residents may  be  taken  in  the  same  manner.  The  circuit  courts,  or  their 
judges,  shall  appoint  three  commissioners  for  the  court's  county,  and 
each  of  the  Baltimore  civil  courts  shall  appoint  two  commissioners  for 
their  courts  to  take  depositions  when  required  in  their  courts.  Such 
commissioners  must  take  an  oath  before  a  judge  or  justice,  "that  he 
will  faithfully  and  impartially  execute  the  duties  of  commissioner  afore- 
said, according  to  the  best  of  his  judgment."  Same  to  be  filed  among 
the  court 's  records.  Either  party  in  any  action  in  said  courts,  after 
due  notice  to  the  other,  or  his  attorney,  agreeably  to  the  court's  rule, 
may  take  the  deposition  before  any  of  the  said  commissioners.  The 
opposite  party  shall  be  entitled  to  cross  examine  such  witness,  or  to 
examine  them  on  notice  before  the  same  or  any  other  commissioner. 
Depositions  shall  be  certified  and  returned  by  the  commissioner  to  the 
court.  If  the  court  is  any  other  than  the  one  by  which  he  was  appointed 
then  he  shall  have  annexed  to  his  return  a  certificate  by  the  clerk  under 
the  seal  of  the  court  that  he  is  commissioner. 

Any  person  may  have  the  deposition  of  a  witness  taken  before  such 
commissioner,  when  apprehending  himself  to  be  interested  by  giving  ten 
day's  notice  to  all  opposite  parties,  their  agent,  attorney  or  guardian. 
An  interested  minor  may  have  a  guardian  appointed  for  the  purpose 
of  having  such  deposition  taken. 

Depositions  to  be  written  by  the  commissioner,  signed  by  deponent, 
certified  to  by  the  commissioner  and  by  him  lodged  with  the  clerk  of 
the  court  which  appointed  him.  The  clerk  shall  record  same  and  receive 
same  compensation  as  for  recording  a  deed.     Courts  prescribe  fees. 

§  369.  Massachusetts — Depositions  may  be  taken  in  this  State  when 
the  witness  lives  more  than  thirty  miles  from  the  place  of  trial,  or  is 
about  to  go  out  of  the  State,  or  is  sick,  infirm  or  aged.  Application  may 
be  made  to  a  justice  of  the  peace,  special  commission,  who  shall  issue 
notice  to  the  adverse  party  or  his  attorney  or  agent  to  appear  before 
him  or  any  other  justice  of  the  peace  or  special  commissioner  at  the  time 


164  NOTARIES  PUBLIC. 

and  place  appointed  for  taking.  If  there  are  several  plaintiffs,  defend- 
ants or  parties  on  either  side,  a  notice  served  on  either  of  them  shall 
be  sufficient. 

Taken  out  of  the  State  in  any  other  manner,  if  taken  before  a  notary 
or  other  person  authorized,  may  be  admited  at  the  discretion  of  the 
court  but  not  unless  the  adverse  party  had  sufficient  notice. 

May  be  taken  in  this  State  for  use  in  other  States  or  governments 
under  the  same  conditions  before  a  justice  of  the  peace  of  this  State, 
or  before  commissioners  appointed  by  such  State  or  government. 

Depositions  to  perpetuate  testimony  may  be  taken  in  like  manner. 

May  be  taken  out  of  the  State  before  a  commission  issued  to  one  or 
more  competent  persons  by  the  court  trying  the  case,  or  before  a  com- 
missioner appointed  by  the  governor  for  that  purpose,  in  or  outside 
the  United  States,  subject  to  the  same  conditions  and  objections  as  if 
taken  in  this  State.  Unless  otherwise  ordered  the  same  to  be  taken  on 
written  interrogatories  filed  in  the  clerk's  office  exhibited  to  the  ad- 
verse party  or  his  attorney,  and  cross-interrogatories  to  be  filed  by  him, 
if  he  desires. 

If  the  defendant  fails  to  appear  no  notice  of  taking  required  to  be 
given  him. 

Notice  to  be  served  by  delivering  an  attested  copy  not  less  than 
twenty-four  hours  before  the  appointed  time,  allowing  one  day  for 
every  twenty  miles  of  travel,  excluding  Sundays.  May  be  verbal  by 
the  justice  or  be  waived  by  the  party  in  writing. 

The  deponent  to  be  sworn  to  the  truth,  the  whole  truth  and  nothing 
but  the  truth.  The  officer  to  examine,  and  the  parties  if  they  desire. 
Testimony  to  be  in  writing.  The  party  producing  the  deponent  shall 
first  examine  either  upon  verbal  or  written  interrogatories,  then  the  ad- 
verse party,  after  which  either  party  may  propose  further  interrogator- 
ies. The  deposition  to  be  witten  by  the  officer  or  by  the  deponent,  or  by 
some  disinterested  person  in  the  presence  and  under  the  direction  of  the 
officer.  It  shall  be  read  by  or  to  the  deponent  and  subscribed  to  by 
him.  The  officer  shall  annex  to  the  deposition  a  certificate  of  the 
time  and  manner  of  taking  it,  the  person  at  whose  request  it  was 
taken,  the  cause  or  suit,  the  reason  for,  and  whether  the  adverse  party 
atended,  if  not,  why,  and  statement  of  notice,  if  any,  sent.  The  depo- 
sition to  be  delivered  by  the  officer  to  the  court,  arbitrators,  referees 
or  parties  before  whom  the  cause  is  pending,  or  enclosed  and  sealed 
by  them  and  directed  to  them,  and  shall  remain  sealed  until  opened  by 
them. 

§  370.  Michigan — Taken  in  this  State.  Before  any  judge  of  a  United 
States  Court  or  State  Court,  or  any  foreign  court;  any  commissioner  of 
a  Circuit  Court  in  Michigan,  or  of  the  United  States  or  any  State,  or 
any  commissioner  for  Michigan,  or  any  consul,  consular  officer,  justice 
of  the  peace,  notary  authorized  by  this  State  or  any  State  or  of  the 
United  States,  or  any  foreign  country  to  administer  oaths  not  of  coun- 
sel or  attorney  of  either  party  nor  interested  in  the  cause.  The  seal  of 
such  court  or  official  or  a  certificate  under  the  seal  of  any  court  of 
record   shows   authority.      Reasonable   notice   to   be    given   the    adverse 


DEPOSITIONS.  165 

party,  stating  names  of  witnesses,  time  and  place  of  taking  and  name 
of  party  before  whom  taken.  Any  person  may  be  compelled  to  appear 
and  depose.  Deposition  may  be  taken  under  commission  issued  by  the 
judge  of  the  court.  Written  interrogatories  may  be  attached.  Courts 
of  record  have  power  to  compel  the  attendance  of  witnesses  and  the 
production  of  books.  Witness  to  be  sworn.  Can  also  be  examined 
orally.  Testimony  can  be  written  stenographically  transcribed  under 
the  direction  of  the  officer.  Must  be  signed  by  the  witness  and  certified 
to  by  the  officer.  Signatures  of  witnesses  may  be  waived  by  agreement 
of  parties.  When  deposition  taken,  officer  must  indorse.  Deposition 
to  be  enclosed  and  indorsed  by  the  official  stating  the  deposition  was 
taken  and  sealed  up  by  him  and  how  sent,  also  the  title  of  court  and 
cause,  and  signed.  To  be  sent  by  mail  or  otherwise  to  the  court  where 
the  cause  is  pending. 

Fees  for  taking,  certifying,  sealing,  and  forwarding,  $2.00.  For 
each  100  words,  10c.  Copies  furnished,  per  100  words,  3c.  Each  party 
to  pay  for  their  own  examinations.  Witnesses  in  a  court  of  record,  per 
day,  $1.00.  Witnesses  before  a  board  or  officer,  per  day,  75c.  Traveling, 
10c  per  mile  from  witnesses'  residences. 

§  371.  Minnesota — In  this  State — Any  person  qualified  to  take  ac- 
knowledgments may  take.  Notice  to  agent  or  attorney  of  the  adverse 
party  is  sufficient.  Served  on  one  of  the  parties  is  sufficient;  twenty-four 
hours'  notice  required.  Witness  to  be  sworn  to  the  truth,  and  ex- 
amined by  the  parties  or  the  officer,  either  verbally  or  by  written 
interrogatories.  Party  producing  the  deponent  shall  first  examine. 
Deposition  to  be  written  by  the  officer  or  the  deponent,  or  some  dis- 
interested person,  in  the  presence  of  the  officer,  to  be  read  and  sub- 
scribed to  by  the  deponent.  Officer  to  annex  his  certificate.  The 
deposition  to  be  returned  by  mail  to  the  court  where  the  cause  is 
pending.  If  the  party  giving  notice  fails  to  appear  and  the  adverse 
party  does  appear,  the  court  shall  allow  the  adverse  party  such  sum 
as  he  shall  deem  proper  for  attorney's  fees  and  traveling  expenses.  If 
taken  out  of  this  State,  when  an  issue  has  been  joined  in  an  action 
and  a  non-resident  witness  is  material,  and  an  eight-day  notice  has 
been  served  upon  the  adverse  party  before  application.  Second — when 
in  an  action  in  a  court  of  record  the  time  of  answering  the  complainant 
has  expired  and  the  defendant  has  not  answered  or  demurred  to  the 
complaint,  and  it  appears  upon  application  of  the  plaintiff  that  the 
testimony  of  a  non-resident  witness  is  necessary  to  establish  facts 
stated  in  the  complaint  and  to  enable  the  court  to  render  judgment. 
Any  officer  authorized  to  administer  oaths  in  that  State  may  take. 
Written  notice  being  served  upon  the  adverse  party.  Time  being 
allowed  for  travel  and  preparation.  Officer  shall  designate  time  and 
place.  Witnesses  to  be  sworn  and  the  testimony  written  by  the  officer. 
Proceedings  may  be  adjourned  from  day  to  day.  Either  party  may 
appear  in  person  or  by  attorney  and  take  part.  The  officer  to  read  to 
the  witness  his  testimony  when  completed  and  after  qualifying  it  the 
witness  to  sign  it.  The  officer  then  to  annex  the  notice  for  taking  it 
(or  the  order)    and  his  certificate  under  his  hand  and  official  seal   (if 


166  NOTARIES  PUBLIC. 

he  have  one)  stating  his  office  and  that  by  virtue  thereof  he  was 
authorized  lo  administer  an  oath  that  the  witness  was  sworn  before 
testif3ring  to  tell  the  truth  and  nothing  but  the  truth  relative  to  the 
cause  specified  in  the  order.  To  perpetuate  testimony — Party  desiring 
shall  make  a  brief  statement  in  writing  of  his  title,  claim  and  interests, 
parties  in  interest,  their  residence,  etc.  Name  of  witness,  same  to  be 
delivered  to  the  judge  of  a  court  of  record,  who  will  give  notice  and  take. 

§  372.  Mississippi — In  the  State,  may  be  taken  in  civil  causes  in 
the  Circuit  Court;  when  the  witness  is  about  to  leave  the  State,  is  aged, 
sick  or  unable  to  attend  the  court.  When  it  shall  depend  on  the  testi- 
mony of  a  single  witness.  When  the  witness  shall  be  a  judge  of  the 
Supreme  or  Circuit  Court,  or  chancellor,  or  any  officer  of  the  State  or 
United  States  and  on  account  of  duties  is  unable  to  attend  court.  When 
a  clerk,  a  court,  a  sheriff,  or  justice  of  the  peace  shall  be  required  beyond 
the  limits  of  his  county  residence.  A  female,  a  resident  of  the  State 
more  than  sixty  miles  from  the  place  of  trial.  The  deposition  may  be 
taken  of  a  witness  in  a  civil  cause  before  a  justice  of  the  peace,  when 
the  witness  resides  in  a  different  county  from  the  justice  and  under 
the  same  circumstances  as  the  Circuit  Courts.  Affidavit  shall  be  made 
by  the  party  desiring  the  deposition,  that  the  witness  is  material,  the 
reasons  for  taking,  same  to  be  attached  to  the  deposition.  May  be  taken 
before  any  officer  authorized  to  administer  oaths,  on  ten  days'  notice 
to  the  adverse  party  or  his  attorney  of  time  and  place  of  taking,  in 
cases  of  emergency,  expressed  in  the  notice,  shorter  time  shall  be 
sufficient. 

If  out  of  the  State,  party  desiring  the  taking,  shall  file  interroga- 
tories with  the  court  clerk,  or  justice  of  the  peace  in  cases  before  them, 
serve  adverse  party  or  his  attorney  notice  ten  days  before  issuing  the 
commission.  The  adverse  party  may  file  cross-interrogatories;  the  clerk 
or  justice  shall  then  issue  a  commission,  annex  the  interrogatories  and 
cross,  as  filed;  the  witness  shall  be  examined  by  the  commissioner, 
and  may  be  cross-examined  by  the  adverse  party,  the  party  desiring 
the  deposition  may  examine  in  rebuttal.  If  the  adverse  party  re- 
sides out  of  the  State  or  his  residence  is  unknown  and  he  have  no 
agent  or  attorney  resident,  the  papers  for  taking  may  be  filed  with 
the  clerk  or  justice.  A  commission  may  be  directed  to  one  or  more 
in  the  alternative,  by  name,  or  to  any  judge  of  a  court  of  record, 
justice  of  the  peace,  mayor  or  chief  magistrate  of  a  city  or  town, 
commissioner  appointed  by  the  governor  of  this  State,  or  to  any 
one  authorized  to  administer  oaths  where  the  deposition  is  taken. 
Witnesses  to  be  sworn,  the  commissioner  to  examine  impartially  on  the 
interrogatories,  etc.  If  within  the  State  the  officer  may  swear  the 
witness  and  examine  verbally  or  in  writing  as  put  by  the  parties, 
testimony  to  be  fairly  written  down  by  the  officer,  the  witness  or  a 
disinterested  person  in  the  officer's  presence,  and  subscribed  to  by  the 
witness;  same  with  all  papers  and  the  officer's  certificate,  to  be  sealed 
up  and  directed  to  the  clerk  of  the  court  or  the  justice,  and  transmitted 
in  a  safe,  convenient  manner.  The  clerk  or  justice  shall  open  same, 
indorse   on  the   time   of  their   receipt   and   opening,   and   deposit   them 


DEPOSITIONS.  167 

among  the  papers  in  the  cause.  The  examination  may  be  adjourned 
from  day  to  day  on  giving  notice  to  the  parties.  Depositions  to  per- 
petuate testimony  may  be  taken  in  same  manner  through  the  chancery 
court.  Deposition  Fees — Administering  oath  and  certificate,  50c;  writing 
or  copying  deposition,  per  100  words,  10c. 

§  373.  Missouri — When  the  witness  resides  out  of  the  State  the 
party  desiring  may  sue  out  of  the  court  or  its  clerk,  a  commission  to  tak«- 
the  deposition.  If  before  a  justice  of  the  peace,  party  may  sue  out  of 
a  county  court  of  record. 

Before  whom  taken  in  the  State — A  judge,  justice  of  the  peace, 
notary  public,  or  clerk  of  any  court  having  a  seal  in  vacation  of 
court,  mayor,  or  chief  officer  of  a  city  or  town  having  an  official  seal. 
If  outside  the  State,  before  an  officer  authorized  by  the  laws  of  this 
State,  or  some  consul  or  commercial  or  representative  of  the  United 
States,  having  a  seal,  or  mayor  or  chief  officer  of  any  city,  town  or 
borough,  having  a  seal  of  office,  some  judge,  justice  of  the  peace,  or 
other  judicial  officer,  or  by  a  notary  public  where  the  witness  resides. 

May  be  taken  by  an  officer  outside  this  State  authorized  by  this 
State,  without  any  commission  or  order  of  court.  Notice  to  be  given 
adverse  party  or  his  attorney  of  record  when  residents  in  this  State. 
If  non-residents,  by  posting  notice  in  the  office  of  the  justice  or  of  the 
clerk  of  the  court  where  suit  is  pending.  Service  of  notice  may  be  by 
delivery  to  him,  or  by  leaving  a  copy  at  his  abode  with  some  member 
of  his  family  above  fifteen  years  of  age,  or  at  his  office,  with  his  clerk, 
or  to  any  local  agent,  if  a  corporation.  May  be  by  sheriff,  constable, 
marshal  or  any  competent  witness,  who  shall  make  affidavit  of  service. 
Three  days'  notice  and  one  day  additional  for  each  fifty  miles'  travel, 
for  the  first  three  hundred  miles  and  beyond  that  one  day  for  each  one 
hundred  miles,  to  be  given.  The  party  commissioned  to  be  named  in  the 
commission.  Interrogatories  to  be  attached  to  the  commission,  drawn 
and  signed  by  the  parties  or  their  counsel  under  the  direction  of  the 
judge  or  court. 

Depositions  to  perpetuate  testimony  may  be  taken  in  the  same  man- 
ner. Fees — Taking  deposition,  administering  oath  and  certificate,  50c; 
writing  or  copying  deposition,  per  100  words,  10c;  taking  acknowl- 
edgments, 25c. 

Officer  taking  may  issue  subpoenas  compelling  attendance  of  wit- 
nesses. May  commit  for  refusal  to  testify.  Certificate  of  officer  taking 
to  be  appended  to  the  deposition  showing  that  the  same  was  taken  in 
his  presence,  subscribed  and  sworn  to  by  the  witness,  the  place,  day  and 
hour. 

All  papers  and  deposition  to  be  sealed  up  and  directed  to  the  court 
or  justice  before  whom  the  case  is  pending.  Depositions  in  foreign  coun- 
tries to  be  taken  in  the  language  of  the  witness  and  be  translated  into 
English  by  the  officer  taking. 

§  374.  Montana — In  the  State,  either  party  can  apply  for,  before  a 
judge  or  officer  authorized  to  administer  oaths.  Five  days'  notice  to  be 
given  the  adverse  party  and  one  day  for  each  25  miles'  travel.  Either 
party  may  attend.     The  deposition  to  be  read  over  and  signed  by  the 


168  NOTAEIES  PUBLIC. 

witness,  certified  to  by  the  officer,  enclosed,  sealed  and  directed  and  de- 
livered to  the  court  or  parties  agreed  on. 

If  out  of  the  State,  may  be  taken  any  time  after  issue  of  summons  or 
the  defendant 's  appearance.  If  a  special  proceeding,  any  time  after  a 
question  of  fact  has  arisen.  In  the  State,  it  may  be  taken  as  above, 
when  the  witness  is  a  party  in  the  action,  or  an  officer  or  member  of  a 
corporation  which  is  a  party  in  the  action,  or  a  person  whose  interest 
the  action  will  benefit.  When  the  witness  resides  out  of  the  county,  or 
about  to  leave  the  county,  or  is  infirm.  When  the  testimony  is  re- 
quired upon  a  motion,  or  any  case  where  the  oral  testimony  is  not 
required.  When  the  witness  is  the  only  one  who  can  establish  facts 
material  to  the  issue;  provided  the  deposition  will  not  be  used  if  his 
presence  can  be  procured. 

May  be  taken  out  of  the  State  upon  commission  issued  from  the 
court,  under  its  seal,  upon  an  order  of  the  court,  or  its  judge,  on  the 
application  of  either  party,  upon  five  days'  notice  to  the  other.  If 
within  the  United  States,  it  may  be  directed  to  any  person  agreed  upon 
by  the  parties,  or  to  any  judge,  justice  of  the  peace,  or  commissioner 
selected  by  the  court  or  judge.  If  to  any  foreign  country,  it  may  be 
directed  to  a  minister,  ambassador,  consul,  vice  consul,  or  consular  agent 
of  the  United  States  in  such  country,  or  to  any  person  agreed  upon  by 
the  parties.  Interrogatories  may  be  prepared  by  the  parties  or  officer 
granting  the  order  for  the  commission,  a  day  fixed  in  the  order  may  be 
annexed  to  the  commission;  or,  when  the  parties  agree  the  examination 
may  be  without  written  interrogatories.  The  commission  must  au- 
thorize to  administer  an  oath  to  the  witness  before  interrogating,  to 
certify  the  deposition,  to  enclose  and  direct  same  to  the  court  or  person 
agreed  upon,   and   forward   it. 

To  perpetuate  testimony,  applicant  to  petition  a  judge  of  the  Dis- 
trict Court  on  oath,  and  give  the  adverse  parties'  names.  The  names 
of  witnesses,  and  any  other  necessary  matter.  The  judge  will  make 
an  order,  naming  the  officer  to  take,  prescribing  notice.  If  out  of  the 
State  the  examination  to  be  by  question  and  answer  and  by  commis- 
sion, interrogatories  to  be  settled  as  in  other  depositions.  When  com- 
plete, read  and  returned  as  in  other  depositions. 

§  375.  Nebraska — May  be  used  only  when  witness  is  not  a  resident 
of  the  county  or  where  tried;  when  witness  is  infirm,  aged,  imprisoned, 
dead  or  unable  to  attend  court;  when  the  testimony  is  required  upon  a 
motion,  or  any  case  where  oral  testimony  is  not  required.  Either  party 
may  commence  taking  testimony  at  any  time  after  service  upon  the 
defendant. 

Who  may  take — In  this  State  a  judge  or  clerk  of  the  Supreme  or 
District  Court,  a  probate  judge,  justice  of  the  peace,  notary,  mayor,  or 
chief  magistrate  of  any  city  or  town  incorporated,  master  commissioner, 
special  commission.  Officer's  authority  must  be  derived  within  the 
State.  Who  may  take  out  of  the  State — A  judge,  or  chancellor  of  any 
court  of  record,  a  justice  of  the  peace,  notary  public,  mayor  or  chief 
magistrate  of  any  city  or  town  corporate,  State  commissioner  of  deeds, 
or  a  special  commission.     Officer  taking  must  be  disinterested,  no  rela- 


DEPOSITIONS.  169 

tive  or  attorney.  Any  court  of  record  of  this  State,  or  its  judge  can  com- 
mission to  take  in  or  out  of  the  State.  The  person  commissioned  must 
be  named  therein,  the  seal  of  the  court  attached  and  it  must  be  taken 
upon  written  interrogatories  unless  otherwise  agreed.  Written  notice  to 
be  given  the  adverse  party,  or  his  attorney,  specifying  the  action,  time 
and  place  (unless  taken  under  a  special  commission)  sufficient  time 
allowed  by  the  usual  route  of  travel  and  one  day  for  preparation,  exclu- 
sive of  Sundays  and  day  of  service  and  examination,  if  the  notice  so 
states,  adjournment  may  be  had  from  day  to  day.  Notice  to  state  the 
names  of  witnesses.  If  taken  out  of  the  State  or  fifty  miles  distant 
from  the  place  of  trial,  the  adverse  party  may  serve  cross-interroga- 
tories within  forty-eight  hours  to  the  party  taking,  who  shall  transmit 
them  to  the  officer.  When  the  adverse  party  is  absent  or  a  non-resi- 
dent and  has  no  agent  or  attorney,  he  may  be  notified  by  publishing  three 
consecutive  weeks  in  a  paper  of  such  county  of  general  circulation, 
notice  to  continue  same  as  if  written.  The  deposition  to  be  written 
in  the  presence  of  the  officer,  subscribed  to  by  the  witness;  when  com- 
plete, to  be  sealed  up,  title  of  cause,  name  of  officer  indorsed-  thereon, 
addressed  and  transmitted  to  the  clerk  of  the  court.  Officer  taking  shall 
certify  that  the  witness  was  first  sworn  to  tell  the  truth,  the  whole 
truth  and  nothing  but  the  truth.  That  the  taking  was  reduced  to  writ- 
ing by  (naming  party)  that  it  was  written  and  subscribed  in  the 
presence  of  the  officer  certifying.  That  it  was  taken  at  the  time  and 
place  specified  in  the  notice.  It  must  be  filed  in  court,  at  least  one 
day  before  trial.  Fees  allowed  in  the  State — Swearing  each  witness,  5e; 
each  subpoena,  attachment  or  commitment,  50c;  each  100  words  in 
deposition  and  certificate,  10c.  Officer  may  retain  deposition  until  his 
fees  are  paid,  also  if  so  directed  by  the  persons  entitled,  he  may  retain 
for  sheriff  and  witness  fees  until  paid. 

§  376.  Nevada — May  be  taken  any  time  after  service  of  the  sum- 
mons or  appearance.  In  special  proceedings,  after  a  question  of  fact 
has  arisen.  When  the  witness  is  a  party,  or  a  person  for  whose  benefit 
the  action  is  prosecuted  or  defended;  resides  out  of  the  county,  is  about 
to  leave  the  county,  to  be  absent  when  required;  is  infirm,  or  resides 
fifty  miles  from  the  trial. 

May  be  taken  before  any  judge,  clerk  or  a  court,  justice  of  the  peace 
or  notary  in  this  State;  notice  to  be  given  the  adverse  party  of  time, 
place,  and  a  copy  of  an  affidavit  showing  the  case  is  one  mentioned  as 
above.  Forty  days  after  the  service  of  summons  by  publication  and 
any  time  thereafter,  when  the  defendant  has  not  appeared,  and  his 
residence  is  unknown,  notice  may  be  served  upon  the  clerk  of  the  court 
where  the  action  is  pending,  at  least  five  days,  and  in  addition  one  day 
for  every  25  miles  the  party  served  shall  have  to  travel,  unless  for  cause 
shown  the  judge,  by  order,  prescribed  a  shorter  time.  Either  party 
may  attend  and  properly  question.  When  completed  it  shall  be  read 
to  the  witness,  corrected  and  subscribed  to  by  him,  certified  to  by  the 
officer,  enclosed,  sealed  and  directed  to  the  clerk  of  the  court  or  to  such 
person  as  the  parties  may  agree  to  in  writing,  and  delivered  by  mail 
or  personally. 


270  NOTARIES  PUBLIC. 

Out  of  the  State  shall  be  taken  upon  a  commission  issued  from  the 
court,  under  its  seal,  on  the  application  of  either  party,  upon  five  days' 
previous  notice  to  the  other,  to  a  person  agreed  upon  by  the  parties. 
If  they  do  not  agree,  then  to  any  judge  or  justice  of  the  peace  selected 
by  the  officer,  or  to  a  commissioner  appointed  by  the  governor  to  take 
affidavits  and  depositions  in  other  States.  The  interrogatories  to  be 
agreed  upon  by  the  parties  or  if  they  disagree,  by  the  officer  granting  the 
order,  time  and  place  may  be  annexed  to  the  commission.  The  commis- 
sion shall  authorize  the  commissioner  to  administer  an  oath  to  the  wit- 
ness and  then  take  the  deposition,  to  certify  it  to  the  court,  sealed  and 
directed  to  its  clerk  or  other  parties  as  agreed,  to  be  forwarded  by  mail 
or  in  person. 

Depositions  to  perpetuate  testimony,  may  be  done  in  the  same  man- 
ner, by  application  to  the  district  judge,  by  petition  on  oath. 

§  377.  New  Hampshire — Any  justice  or  notary  may  issue  writs  for 
witnesses  to  appear  before  himself  or  other  justices  or  notary  to  give 
lawful  depositions.  A  person  may  be  summoned  to  testify  or  give  depo- 
sition, by  reading  to  him  the  writ  and  tendering  the  fees  for  travel  to 
and  from  the  place  desired  and  for  one  day's  attendance.  If  the  party 
fail  to  appear,  to  testify,  or  depose;  without  reasonable  excuse,  subject 
to  liability  to  the  party  injured,  for  damages  sustained  thereby.  Every 
court,  justice  or  notary  before  whom  summoned  may  bring  such  party 
by  attachment,  and  fine  him,  not  exceeding  ten  dollars  if  imposed  by  a 
justice  or  notary  or  police  court,  and  not  exceeding  fifty  dollars,  if  im- 
posed by  any  other  court,  and  add  costs.  Depositions  shall  be  sealed 
up  by  the  officer  directed  to  the  court  or  justice  where  they  are  to  be 
used. 

The  party  instituting  shall  give  written  notice  to  adverse  party, 
signed  by  a  justice  or  notary,  of  the  day,  hour  and  place  of  taking,  to 
be  left  at  his  abode  if  resident  of  the  State,  and  within  twenty  miles 
of  the  place  of  taking,  or  of  the  party  taking,  a  reasonable  time  before. 
If  the  adverse  party  resides  out  of  the  State  or  twenty  miles  from  the 
place  or  from  the  party  requesting  the  taking,  notice  may  be  given  his 
agent  or  attorney.  No  person  shall  be  deemed  an  agent  or  attorney  un- 
less he  has  indorsed  the  writ  or  has  appeared  as  such  or  given  notice  in 
writing.  No  person  shall  write  the  testimony  who  would  be  disqualified 
to  act  as  juror  at  the  trial,  except  exemption  as  a  juror.  Witness  to 
subscribe  to  the  deposition  and  make  oath  to  the  truth  of  same.  The 
magistrate  shall  certify  it,  with  time  and  place  of  taking,  stating 
whether  the  adverse  party  was  present  or  was  notified  or  did  not  ob- 
ject. A  copy  of  the  notice  sent  to  the  adverse  party,  with  the  return 
or  affidavit  of  officer  leaving  it,  shall  be  annexed  to  the  deposition  when 
the  adverse  party  fails  to  attend.  Deposition  to  be  filed  within  ten  days 
after  taking  with  the  clerk  of  the  court  where  case  is  pending. 

Any  justice  or  notary  in  the  State,  any  commissioner  appointed 
under  the  laws  of  the  State  to  take  depositions  in  other  States,  any 
judge,  justice,  or  notary  in  any  other  State  or  country,  may  take  deposi- 
tions. Any  judge  of  the  Superior  Court  may  appoint  a  commissioner  to 
take  outside  the  State  for  civil  causes  in  his  court,  who  shall  have  full 


DEPOSITIONS.  171 

power  to  act  according  to  the  laws  of  the  State  or  country  where  the 
taking  is  done. 

§  378.  New  Jersey — May  be  taken  in  this  State  when  the  witness 
is  aged,  infirm,  sick,  or  is  about  to  go  out  of  the  State;  may  be  taken 
de  bene  esse  before  a  justice  of  the  Supreme  Court,  or  judge  of  the 
Common  Pleas  Court,  Supreme  Court  commissioner,  master  in  chancery. 
The  officer  taking  to  give  the  adverse  party  immediate  notice  or  at 
such  short  day  as  the  case  requires.  Witness  may  be  compelled  to  appear 
and  testify  and  be  allowed  compensation.  Witness  to  be  first  sworn  to 
the  truth.  The  testimony  to  be  in  writing,  subscribed  to  by  the  witness 
in  the  presence  of  the  officer  taking  it,  and  with  certificate  of  reasons  for 
taking,  and  the  notice  to  be  delivered  by  the  officer  with  his  own  hand 
to  the  judge  or  clerk  of  the  court,  or  it  may  be  sealed  up,  directed  and 
transmitted  by  mail  or  private  messenger,  who  shall  open  and  file  it  as 
a  record. 

Of  witnesses  out  of  the  State.  The  judge  of  any  court  where  cause 
is  pending  or  during  vacation,  on  affidavit,  to  issue  a  commission  under 
the  seal  of  the  court,  to  such  person  or  persons  as  the  court  or  judge 
may  think  fit,  to  examine  de  bene  esse  the  witness  on  oath  or  affirma- 
tion. Names  of  witnesses  to  be  in  the  commission,  the  interrogatories 
to  be  drawn  and  signed  by  the  parties  or  their  attorneys,  with  the  court 
or  judge 's  approval,  each  being  allowed  to  insert  such  questions  as 
deemed  proper,  the  same  to  be  annexed  to  the  commission. 

The  deposition  may  be  taken  by  commission  or  upon  notice  of  any 
party  to  a  suit,  residing  out  of  this  State. 

Depositions  out  of  this  State  may  be  taken  de  bene  esse  before  any 
judge  of  any  supreme,  circuit,  district  or  common  pleas  court  or  before 
a  commissioner  of  deeds  for  this  State  where  witness  resides,  or  before 
a  special  commissioner  appointed  by  the  court;  provided  notice  be 
given  adverse  party  or  his  attorney,  that  they  may  be  present,  time 
being  allowed  for  travel  (one  day  for  every  fifty  miles)  in  all  cases,  ten 
days,  exclusive  of  Sundays,  or  if  in  a  foreign  country  or  a  Pacific  Ocean 
State  the  court  shall  direct  the  time  or  any  judge  thereof  in  chambers. 
The  officer  taking  shall  take  oath  to  fairly  and  impartially  take  the 
testimony  before  a  party  authorized  to  take  oaths  in  his  State  or  country. 

§  379.  New  Mexico — May  be  taken  to  be  used  in  any  court  of  this 
territory  when  the  witness  is  sick  or  absent  from  the  territory,  or  it 
is  impossible  to  be  present.  IN  THE  TERRITORY  it  may  be  taken 
before  any  judge  or  justice  of  the  peace,  court  clerk,  county  probate 
judge,  or  his  clerk,  or  any  notary  of  the  county  where  witness  resides. 
The  party  desiring  the  taking  shall  first  notify  the  adverse  party  five 
days  before  if  he  resides  less  than  eight  leagues  from  the  place  of  taking 
and  one  day  in  addition  for  each  eight  leagues  that  the  adverse  party 
may  reside  away.  Notice  may  be  served  by  the  sheriff,  constable,  or  by 
himself,  or  by  anyone  for  him.  The  notice  shall  state  the  time  and 
place;  may  be  by  four  weeks'  publication. 

It  may  be  taken  on  commission.  Either  party  may  apply  to  court, 
serve  five  days'  notice  on-  adverse  party,  allow  one  day  for  each  twenty 
miles  of  travel,  stating  the  day  he  will  make  application.     Either  party 


172  NOTARIES  PUBLIC. 

may  take  out  the  commission.  The  clerk  may  appoint  either  a  district 
judge,  chief  judge  of  the  county,  a  commissioner  of  deeds,  notary  or 
two  justices  of  the  peace. 

IN  OTHER  STATES— Before  any  clerk  of  a  court  of  record  having 
a  seal,  any  notary,  any  commissioner  of  deeds,  where  witness  resides. 
IF  TAKEN  ABROAD— Any  notary,  United  States  Minister,  charge  d' 
affaires,  consul,  vice-consul,  consul-general,  consular  or  commercial  agent. 

When  taken,  to  be  enclosed  and  sealed  by  the  officer  before  whom 
taken,  and  by  him  delivered  to  the  court,  or  its  clerk,  where  the  case 
is  being  tried. 

Officer's  certificate  must  show  that  the  witness  was  sworn  to  the 
truth  of  his  answers  at  the  time  that  his  signature  was  appended. 
Officer  may  adjourn  or  postpone  taking  as  necessary,  at  cost  of  party 
taking.  Officer  may  subpoena  witness.  Deposition  may  be  taken  ex 
parte  if  parties  interested  fail  to  attend  after  notice.  Clerk  of  the 
court  shall  notify  the  parties  in  the  case  on  the  return  of  the  deposition 
and  they  have  ten  days  to  offer  objections  to  it. 

Depositions  may  be  taken  to  perpetuate  testimony. 

§  380.  New  York — Depositions  taken  in  this  State  for  use  in  this 
State  may  be  taken  before  the  judge  of  the  court  or  a  referee  on  filing 
an  affidavit  with  the  court  showing  necessity.  Time  allowed  for 
service,  five  to  twenty  days.  Taken  out  of  the  State  for  use  in  this 
State,  by  a  commission  of  one  or  more  persons,  or  a  chancellor,  or 
judge  of  a  court  of  record,  mayor  or  chief  magistrate  of  a  city,  a  justice 
of  the  peace.  Officer  must  have  no  interest  in  the  parties  or  the  case. 
Witness  to  be  sworn  to  the  truth,  etc.  The  examination  must  be  re- 
duced to  writing  by  a  disinterested  party.  Officer  must  subscribe  his 
name  to  each  half  sheet,  enclose  same  in  an  envelope  with  all  papers 
and  exhibits  and  the  commission,  also  his  certificate,  seal  up  same  under 
his  official  seal,  direct  it  to  the  clerk  of  the  court,  and  immediately  mail 
it,  postage  prepaid  unless  otherwise  directed  in  his  commission.  All  ex- 
hibits and  papers  to  be  signed  by  the  parties  presenting  them,  and  also 
by  the  officer. 

§  381.  North  Carolina — Any  party  in  a  civil  action  or  special  proceed- 
ings may  take  the  deposition  of  persons  whose  evidence  he  may  desire, 
without  any  special  order,  unless  the  witness  is  outside  the  United 
States.  Written  notice  must  be  served  on  the  adverse  party  or  his 
attorney.  If  adverse  party  resides  within  ten  miles  of  the  place  of 
the  taking,  three  days'  notice.  Allow  one  day  more  for  each  addi- 
tional twenty  miles,  unless  it  is  to  be  taken  within  ten  miles  of  a 
railway  in  running  order,  when  one  day  only  shall  be  given  for  every 
hundred  miles  of  railway  to  the  place  of  taking.  If  beyond  the  State, 
ten  days'  notice  to  be  given,  when  the  party  whose  deposition  is  to 
be  taken  resides  within  ten  miles  of  a  railway  connecting  with  a  line 
of  railway  within  twenty  miles  of  the  place  where  the  person  notified 
resides.     In  other  cases  when  there  are  no  railways,  twenty  days'  notice. 

Objection  to  the  reading  of  the  deposition,  on  account  of  insufficient 
notice,  must  be  proved.  Depositions  shall  be  taken  on  commission, 
issuing  from  the  court  and  under  its  seal,  by  one  or  more  commission- 


DEPOSITIONS.  173 

ers  not  of  kin  to  either  party,  appointed  by  the  clerk,  subscribed  to 
and  sealed  up  by  the  officers  and  returned  to  the  court,  the  clerk  to 
open  and  pass  upon  them,  first  giving  the  parties  or  their  attorneys  not 
less  than  one  day's  notice.  When  passed  upon  by  the  clerk,  without 
appeal,  or  by  the  judge  upon  appeal  from  the  clerk's  order,  shall  be 
deemed  legal  evidence,  if  the  witness  is  competent.  Commissioners  can 
compel  attendance  to  testify  under  penalty.  Sheriff  to  serve  the  sub- 
poena and  make  return.  The  witness  to  be  first  sworn.  If  the  witness 
be  summoned  on  five  days'  time  and  fail  to  appear  before  a  commis- 
sioner acting  under  authority  from  courts  of  another  State  he  shall 
forfeit  and  pay  to  the  party  at  whose  instance  he  was  summoned  fifty 
dollars,  and  on  the  trial  for  such  penalty  the  summons  and  return  shall 
be  prima  facie  evidence  to  entitle  the  plaintiff  to  judgment.  If  the 
defaulting  witness  was  to  appear  before  a  commission  issued  by  a 
court  of  this  State  the  fine  shall  be  forty  dollars,  but  execution  shall  not 
issue  until  the  same  be  ordered  by  the  court  giving  witness  time  to 
show  cause. 

§  382.  North  Dakota, — Who  may  take  in  the  State — A  judge  or  clerk 
of  the  Supreme  or  District  Court,  a  justice  of  the  peace,  notary  public, 
United  States  Circuit  or  District  Court  commissioner  or  any  specially 
empowered  commission. 

Out  of  the  State,  a  judge,  justice  or  chancellor,  or  clerk  of  any 
court  of  record,  a  justice  of  the  peace,  notary  public,  mayor  or  chief 
magistrate  of  any  city  or  town  corporate,  a  commissioner  appointed 
by  the  Governor  of  this  State,  or  any  specially  empowered  commission 
by  any  court  of  this  State.  Officer  taking  must  not  be  a  relative  or  in- 
terested. Any  court  of  record,  or  its  judge,  of  this  State  can  grant  a 
commission  within  or  without  the  State,  upon  the  application  of  either 
party,  upon  five  days'  notice  to  the  other.  It  must  be  issued  to  a 
person  or  persons  therein  named  by  the  clerk  under  the  seal  of  the 
court;  must  be  taken  upon  written  interrogatories,  direct  and  cross,  as 
attached  to  the  commission  by  the  clerk.  Unless  the  parties  agree  to 
the  interrogatories  the  court  or  judge  to  settle  it  upon  five  days'  notice. 
The  officer  taking  shall  certify  under  his  signature  that  the  witness 
was  first  sworn  to  testify  the  truth,  the  whole  truth  and  nothing  but 
the  truth,  was  reduced  to  writing  by  (naming  him),  was  written  and 
subscribed  to  in  the  presence  of  the  officer,  and  was  taken  at  the  time 
and  place  specified  in  the  notice.  When  offered  in  court  it  must  be 
shown  to  the  satisfaction  of  the  court  why  the  witness  cannot  be 
present.  The  deposition  to  be  filed  in  court  at  least  one  day  before 
trial.  When  taken  must  be  sealed  up,  the  title  of  the  cause  endorsed 
on  the  back,  with  the  name  of  the  officer,  and  addressed  to  the  clerk 
of  the  court,  there  to  remain  under  seal  until  opened  by  order  of  the 
court  or  at  the  request  of  a  party  to  the  action,  or  his  attorney.  A 
deposition  is  deemed  the  evidence  of  the  party  reading  it,  and  may  rTe 
read  at  any  stage  of  the  proceeding.  The  deposition  must  be  authenti- 
cated by  the  seal  of  office  of  the  party  taking  it;  if  they  have  no  official 
seal  then  it  must  be  authenticated  by  some  state  officer  having  a  seal, 


174  .NOTARIES  PUBLIC. 

together  with  the  officer's  certificate.     If  taken  by  a  special  commissioner 
his  signature  is  sufficient. 

§  383.  Ohio — The  deposition  of  a  witness  may  be  used  only  when 
he  is  not  a  resident  or  is  absent  from  the  county  where  the  proceed- 
ing is  pending.  When  he  is  dead,  or  from  age,  infirmity  or  imprison- 
ment is  unable  to  attend  court.  When  the  testimony  is  required  upon  a 
motion,  or  where  the  oral  examination  of  the  witness  is  not  required. 
Either  party  may  commence  taking  testimony  by  deposition  at  any 
time  after  service  upon  the  defendant.  Testimony  taken  in  an  action 
on  the  order  of  a  court,  by  a  referee,  master  commissioner,  or  special 
master  commissioner,  subscribed  by  the  witness  and  reported  to  the 
court  by  the  officer  may  be  used  as  a  deposition  taken  in  the  case. 
When  the  testimony  is  required  in  an  action  pending  without  this  State. 
Depositions  may  be  taken  in  this  State  before  a  judge  or  clerk  of  the 
Supreme,  Circuit  or  Common  Pleas  Court,  or  a  probate  judge,  justice  of 
the  peace,  notary  public,  mayor,  master  commissioner,  official  stenog- 
rapher of  any  court  in  the  State,  or  any  person  empowered  by  special 
commission;  but  depositions  taken  in  this  State  to  be  used  therein  must 
be  taken  by  an  officer  or  person  whose  authority  is  derived  within 
the  State,  and  if  to  be  used  out  of  the  State  they  may  be  taken  before 
a  commissioner  or  officer  who  derives  his  authority  from  the  State, 
district  or  territory  in  which  they  are  to  be  used.  They  may  be  taken 
out  of  the  State  before  any  judge,  justice,  or  chancellor  of  any  court 
of  record,  a  justice  of  the  peace,  notary  public,  mayor  or  chief  magis- 
trate of  any  municipal  corporation,  a  commissioner  appointed  by  the 
Governor  of  this  State  to  take  depositions,  or  any  person  author- 
ized by  a  special  commission  from  this  State.  The  officer  must  not  be 
a  relative  or  attorney  of  either  party,  or  interested.  Any  court  of  record 
of  this  State,  or  judge  thereof,  may  grant  a  commission  to  take  deposi- 
tions within  or  without  the  State.  It  must  be  issued  by  the  clerk  and 
under  the  seal  of  the  court.  Persons  to  whom  granted  must  be  named. 
It  must  be  taken  on  written  interrogatories,  unless  parties  otherwise 
agree.  Written  notice  to  be  given  adverse  party,  his  agent  or  attor- 
ney, unless  taken  under  special  commission,  action  to  be  specified,  the 
name  of  the  court  where  used,  time  and  place  of  taking,  and  if  the 
deposition  of  a  party  to  the  suit  be  taken,  it  shall  not  be  used  in  his 
own  behalf  unless  so  specified  in  the  notice.  The  deposition  to  be 
used  only  against  such  parties  as  are  served  with  notice  in  one  of  the 
modes  prescribed,  sufficient  time  to  be  allowed  the  adverse  party,  ex- 
clusive of  Sundays,  the  day  of  service,  and  one  day  for  preparation,  to 
travel  by  the  usual  routes  and  conveyances;  the  examination  may  ad- 
journ from  day  to  day,  if  so  stated  in  the  notice.  If  the  adverse  party 
is  absent  or  a  non-resident  of  the  State,  and  has  no  agent  or  attorney 
of  record  therein  he  may  be  notified  by  publication  for  three  consecu- 
tive weeks  in  the  county  newspaper  where  the  action  is  pending;  if 
no  paper  is  printed  there,  then  in  one  of  general  circulation  in  the 
county,  printed  in  the  State,  the  publication  to  contain  all  that  is 
required  in  a  written  notice  and  proved  by  affidavit.  The  deposition 
to  be  written  in  the  presence  of  the  officer  before  whom  taken,  either 


DEPOSITIONS.  175 

by  the  officer,  the  witness,  or  some  disinterested  person,  and  subscribed 
by  the  witness. 

It  shall  be  sealed  in  an  envelope  indorsed  with  the  title  of  the 
cause,  the  name  of  the  officer  taking  it  and  by  him  addressed  and 
transmitted  to  the  clerk  of  the  court,  there  to  remain  unopened,  until 
so  ordered  by  the  court,  or  at  the  request  of  a  party  to  the  action  or  his 
attorney. 

Depositions  may  be  admitted  as  evidence  in  a  civil  action  pending 
before  a  justice  of  the  peace,  mayor  or  other  judicial  officer  of  a  muni- 
cipal  corporation,  or  before  arbitrators,  a  referee  or  a  master.  A  depo- 
sition may  be  read  in  any  stage  of  the  action  or  in  any  other  action 
upon  the  same  matter  between  the  same  parties  subject  to  excep- 
tions mentioned.  If  taken  bjr  a  judicial  or  other  officer  having  a  seal 
of  office,  whether  resident  in  the  State  or  elsewhere,  shall  be  admitted 
in  evidence  upon  the  certificate  and  signature  of  such  officer,  under 
the  seal  of  the  court  of  which  he  is  an  officer,  or  his  official  seal.  No 
other  authentication  is  required.  If  the  officer  has  no  official  seal  and 
the  deposition  was  not  taken  in  this  State,  it  shall  be  certified  and 
signed  by  the  officer  and  further  authenticated,  either  by  parol  proof 
in  court,  or  by  the  certificate  and  seal  of  the  secretary  or  other  officer 
of  State  who  is  the  custodian  of  the  great  seal  of  the  State,  or  the 
certificate  and  official  seal  of  the  clerk  or  prothonotary  of  any  court 
of  the  State  where  taken,  attesting  that  such  officer  was,  at  the  time 
of  taking,  authorized  to  take.  If  the  deposition  is  taken  in  this  State 
by  an  officer  not  having  a  seal,  or  within  or  without  the  State  under 
a  special  commission,  it  shall  be  sufficiently  authenticated  by  the  offi- 
cial signature  of  the  officer  or  commission  before  whom  taken;  and 
when  a  deposition  is  not  certified  according  to  law,  the  fact  neglected 
to  be  certified  may  be  shown  by  parol  proof.  The  officer's  certificate 
shall  show:  that  the  witness  was  first  sworn  to  tell  the  truth,  the  whole 
truth  and  nothing  but  the  truth;  that  the  deposition  was  reduced  to 
writing  by  some  proper  person,  naming  him,  that  the  deposition  was 
written  and  subscribed  in  the  presence  of  the  officers  certifying  thereto, 
that  the  deposition  was  taken  at  the  time  and  place  specified  in  the 
notice.  But  if  the  deposition  be  taken  out  of  the  State,  by  an  officer 
authorized,  the  certificate  may  be  in  the  foregoing  form,  or  in  the 
form  authorized  by  the  laws  of  the  place  where  taken;  and  in  the  latter 
case  the  certificate  shall  be  deemed  prima  facie,  as  made  in  accord- 
ance with  the  laws  of  the  place  where  made.  Notaries  public  have 
power  to  compel  the  attendance  of  witnesses  and  to  punish  for  con- 
tempt when  taking  depositions.  Exceptions  to  depositions  shall  be  in 
writing  and  specify  the  grounds  of  objections,  and  be  filed  with  the 
papers  in  the  cause.  No  exceptions  other  than  for  incompetency  or 
irrelevancy  shall  be  regarded  unless  made  and  filed  before  the  com- 
mencement of  the  trial;  the  court  shall  decide  these  before  trial.  Errors! 
of  the  court  in  its  decisions  upon  exceptions  are  waived  unless  excepted 
to.  The  deposition  must  be  filed  in  court  at  least  one  day  before  the 
trial.  Fees  for  taking  depositions  in  this  State:  Swearing  each  wit- 
ness, 4c;  each  subpoena  attachment  or  commitment,  50c;  each  one 
hundred  words  in  the  deposition  and  certificate,  10c     The  officer  shall 


176  NOTARIES  PUBLIC. 

retain  the  depositions  until  paid  for;  he  shall  also  tax  the  costs  of 
sheriff  or  other  officers  serving  process  and  fees  of  witnesses;  he  may 
if  directed  by  a  person  entitled  thereto,  retain  the  depositions  until  his 
fees  are  paid. 

§  384.  Oklahoma — May  be  used  when  the  witness  does  not  reside 
in  the  county  or  is  absent.  When  attendance  is  prevented  from  age, 
infirmity,  imprisonment  or  death.  When  testimony  is  required  upon  a 
motion,  or  in  any  case  where  the  oral  testimony  is  not  required.  Either 
party  may  commence  taking  testimony  after  service  >>f  notice. 

Who  may  take  in  the  Territory,  a  judge  or  clerk  of  a  court  of  rec- 
ord, a  county  clerk,  justice  of  the  peace,  notary  public,  mayor  or  chief 
magistrate  of  any  city  or  town  corporate,  or  a  master  commissioner 
or  special  commission.     Authority  must  be  derived  within  the  territory. 

Out  of  the  Territory,  a  judge,  justice  or  chancellor,  of  any  court 
of  record,  a  justice  of  the  peace,  notary  public,  mayor  or  chief  magis- 
trate of  any  city  or  town  corporate,  a  commissioner  appointed  by 
the  governor  to  take  depositions,  or  any  person  authorized  by  a 
special  commission  from  this  territory.  The  officer  must  not  be  inter- 
ested in  tho  case  nor  related  to  either  party.  Any  court  of  record  of 
the  territory  or  any  judge  thereof  can  grant  a  commission  to  take.  The 
commission,  name  of  the  officer  who  takes,  must  be  under  the  seal  of 
the  court.  Deposition  must  be  upon  written  interrogatories,  unless 
parties  agree  otherwise.  Unless  by  special  commission,  written  notice 
to  be  given  the  adverse  party,  specifying  action,  court,  time  and  place, 
allowing  time  for  travel  and  one  day  for  preparation,  exclusive  of 
Sunday  and  day  of  service.  May  adjourn  from  day  to  day,  if  notice 
so  states.  When  adverse  party  is  absent,  or  a  non-resident,  and  has  no 
representative  in  the  Territory,  three  consecutive  weeks'  publication  in 
a  county  paper  is  required.  The  deposition  must  be  written  in  the 
presence  of  the  officer,  either  by  him,  the  witness  or  a  disinterested 
person,  signed  by  the  witness,  sealed  up,  and  endorsed  with  the  title 
of  the  case,  name  of  the  officer,  certified  to  by  him,  addressed  and 
transmitted  to  the  clerk  of  the  court,  and  remain  under  seal  until  opened 
by  order  of  court.  The  officer's  certificate  must  state  the  above  facts 
and  that  the  witness  was  first  sworn  to  the  truth,  the  whole  truth  and 
nothing  but  the  truth;  it  must  be  filed  in  court  one  day  before  trial. 

Fees  allowed:  Swearing  each  witness,  10c;  each  subpoena,  attach- 
ment or  order  of  commitment,  50c;  each  100  words,  including  certificate, 
15c     Deposition  may  be  retained  until  fees  are  paid. 

§  385.  Oregon — May  be  taken  in  or  out  of  the  State  in  an  action 
at  law,  any  time  after  the  service  of  summons  or  the  appearance  of 
the  defendant,  and  in  special  proceedings  any  time  after  a  question  of 
fact  has  arisen.  In  this  State,  when,  the  witness'  residence  is  such  that 
he  is  not  obliged  to  attend  on  a  subpoena,  is  a  party  to  the  action,  is 
about  to  leave  the  county  and  go  more  than  twenty  miles  from  place 
of  trial,  is  infirm,  when  the  testimony  is  required  upon  a  motion,  or  where 
the  oral  examination  is  not  required. 

Without  the  State,  may  be  taken  upon  commission  issued  by  the 
court,   or  without   a   commission  by  the   commission   appointed   by   the 


DEPOSITIONS.  177 

governor  of  this  State  to  take  depositions  in  other  States  or  counties. 
The  commission  may  be  issued  by  the  clerk  of  the  court,  or  by  a  justice 
of  the  peace  in  a  cause  in  his  court,  on  the  application  of  either  party, 
upon  five  days'  previous  notice  to  the  other.  It  shall  be  issued  to  a 
person  agreed  upon  by  the  parties,  or  if  they  do  not  agree,  to  a  judge, 
justice  of  the  peace,  notary  public,  or  clerk  of  a  court,  selected  by  the 
officer  issuing  it.  Interrogatories,  direct  and  cross,  as  the  parties  may 
prepare,  or  the  clerk  or  justice,  may  be  annexed  to  the  commission,  or 
if  the  parties  agree,  without  written  interrogatories.  Commission  shall 
authorize  the  commissioner  to  administer  an  oath  to  the  witness,  to 
take  deposition  as  per  interrogatories,  or  in  respect  to  the  question 
in  dispute,  to  certify  to  the  court  in  a  sealed  envelope  directed  to  the 
clerk  or  justice  issuing  same,  or  other  person  designated,  and  forwarded 
to  him  by  mail,  or  other  channel.  In  any  other  State  it  may  be  taken 
before  a  commissioner  appointed  by  the  governor  of  this  State  for 
that  purpose  upon  giving  the  adverse  party  eight  days'  notice  of  the 
time  and  place,  name  of  the  commissioner  and  the  witness.  If  the 
distance  of  the  place  of  examination,  from  the  place  where  the  testimony 
is  to  be  used,  does  not  exceed  fifty  miles,  and  one  additional  day  for 
every  additional  twenty-five  miles.  Either  party  may  attend,  and  ex- 
amine the  witnesses  upon  oral  interrogatories,  but  if  either  party  by 
written  notice  to  the  other,  within  three  days  from  the  service  of  the 
original  notice,  require  it,  it  shall  be  taken  or  written  interrogatories 
to  be  settled,  if  not  agreed  upon,  by  the  same  officer  and  in  the  same 
manner  as  in  case  of  deposition  upon  commission  and  in  such  case  the 
deposition  shall  be  taken,  certified,  and  directed  by  the  commissioner  in 
the  same  manner  as  a  deposition  upon  commission. 

May  be  taken  in  this  State  before  the  clerk  of  a  court  of  record  or 
other  person  authorized  to  administer  oaths,  three  days'  notice  to  be 
given  the  adverse  party  if  not  over  25  miles,  and  one  day  additional 
for  every  twenty-five  miles,  unless  the  courts  direct  otherwise.  Either 
party  may  attend  and  examine.  Deposition  to  be  written  by  the  officer, 
or  by  the  witness  or  some  disinterested  person  in  his  presence.  When 
completed  it  shall  be  read  to  or  by  the  witness  and  subscribed  by  him. 
Officer  to  certify  the  above  was  done  (under  his  official  seal,  if  he  have 
one),  and  at  a  place  mentioned,  between  certain  hours  of  a  day  or 
days  mentioned,  and  that  the  witness  was  first  sworn  to  the  truth, 
the  whole  truth  and  nothing  but  the  truth.  Same  to  be  enclosed  in  a 
sealed  envelope,  directed  to  the  clerk  of  the  court  or  the  justice  of 
the  peace  where  action  is  pending,  and  forward  by  mail  or  the  usual 
channel.  It  may  be  used  by  either  party,  at  any  time.  The  testi- 
mony of  a  witness  may  be  taken  conditionally  and  perpetuated  in  the 
usual  manner. 

§  386.  Pennsylvania — Upon  the  affidavit  of  either  party  or  their 
agent,  that  the  testimony  of  any  material  witness  is  wanted,  who  resides 
out  of  the  county,  or  from  infirmity,  or  other  causes,  cannot  be  ob- 
tained personally,  a  cause  shall  be  postponed  to  a  certain  day,  within 
such  reasonable  time  as  the  distance  of  the  witness,  the  season  of  the 
year  and  the  circumstances  of  the  roads  may  render  it  proper,  to 
12 


278  NOTARIES  PUBLIC. 

obtain  the  deposition  of  the  witness  wanted;  and  whenever  a  cause 
is  postponed  at  the  instance  of  the  defendant,  he  shall  enter  into  a 
recognizance  for  a  sum  sufficient  to  cover  the  demand  in  question  to- 
gether with  the  costs,  with  one  sufficient  surety  (for  his  appearance 
on  the  day  fixed),  and  whenever  a  rule  for  taking  the  deposition  of  a 
witness  or  witnesses  shall  be  applied  for,  as  aforesaid,  the  party  so 
applying  shall  file  a  copy  of  the  interrogatories  or  questions  intended 
to  be  asked  the  witnesses;  and  a  copy  of  the  same  shall  be  delivered 
to  the  opposite  party  or  his  agent,  who  may  also  file  such  additional 
questions  as  he  may  think  proper;  Provided,  it  be  done  within  four 
days  after  receipt  of  the  copy;  which  rule  and  interrogatories  being 
certified  by  the  justice  before  whom  the  cause  is  depending,  shall  be 
sufficient  authority  for  the  justice  who  may  be  named  in  said  rule,  to 
take  the  answers  of  such  witnesses  as  may  be  named  therein;  but 
where  the  witnesses  reside  in  the  county,  or  in  cases  where  the  parties 
or  their  agents  agree  to  enter  a  rule  to  take  depositions,  it  may  be 
done  without  filing  interrogatories,  upon  notice  given,  agreeably  to 
the  rule,  of  the  time  and  place  appointed  for  the  examination.  Testi- 
mony so  taken  shall  be  read  in  evidence  on  the  trial  before  the  justice 
or  referee.  Either  party  may  obtain  testimony  out  of  the  State  for 
causes  pending  before  a  justice  of  the  peace  in  the  same  manner.  When 
not  convenient  to  take  before  a  justice  of  the  peace,  a  commissioner 
may  be  appointed,  at  the  suggestion  of  the  party  or  parties,  who  on 
receipt  of  his  commission,  with  a  copy  of  the  rule  and  interrogatories, 
certified  by  the  alderman  or  justice  of  the  peace,  shall  have  authority 
to  administer  oaths  and  take  the  answers  of  the  witnesses  named.  Same 
shall  be  as  good  as  if  taken  before  a  justice  of  the  peace. 

A  court  of  common  pleas  on  receipt  of  letters  rogatory  from  any 
court  in  the  United  States,  may  compel  the  attendance  of  witnesses, 
penalties  to  be  attached,  and  a  fine  not  exceeding  one  hundred  dol- 
lars imposed.  Examiners  or  commissioners  may  on  request  appoint  a 
stenographer;  court  to  direct  compensation  together  with  such  reason- 
able additional  amount  as  the  examiner  may  suggest,  including  traveling 
and  hotel  expenses  and  extra  services. 

§  387.  Philippine  Islands — Depositions  out  of  the  Philippine  Islands 
may  be  taken  by  a  commission  issued  by  the  court  under  its  seal  upon 
five  days'  notice  to  the  adverse  party.  If  the  court  be  that  of  a  justice 
of  the  peace  the  commission  shall  have  attached  to  it  a  certificate  under 
seal,  by  the  clerk  of  the  court  of  first  instance  of  the  province  in  which 
the  court  is  held,  to  the  effect  that  the  person  issuing  the  same  was 
an  active  justice  of  the  peace  at  the  time.  If  issued  to  any  place 
within  the  United  States,  it  may  be  directed  to  any  person  agreed  upon 
by  the  parties,  or  to  any  justice  of  the  peace,  any  Federal  or  State 
judge,  to  any  commissioner  so  authorized  to  take.  If  issued  OUT  OF 
THE  UNITED  STATES,  to  any  minister,  ambassador,  consul,  vice  con- 
sul or  consular  agent  of  the  United  States  or  to  any  person  agreed 
upon  by  the  parties. 

Interrogatories  may  be  attached  to  the  commission.     Witness  to  be 


DEPOSITIONS.  179 

sworn,  the  deposition  to  be  certified  to-  the  court  in  a  sealed  envelope 
directed  to  the  clerk  or  person  designated  and  forwarded   to  him. 

IN  THE  ISLANDS  taken  before  any  judge,  justice  of  the  peace  or 
notary  public  on  serving  the  adverse  party  two  days'  riotice  with  an 
affidavit  showing  that  the  case  is  within  Sec.  355  of  the  statutes. 
Eeasonable  time  must  be  given  the  adverse  party  to  be  present. 

Either  party  may  attend  and  put  such  questions  direct  and  cross  as 
may  be  proper.  Deposition  must  be  read  to  the  witness  and  corrected 
by  him  if  desired;  he  must  subscribe  to  it  and  the  officer  certify  to  it, 
seal  in  a  wrapper,  direct  and  deliver  it  to  the  clerk  of  the  court  or  to 
such  person  as  the  parties  agree  on  in  writing.  The  deposition  must  be 
written  by  the  officer  or  in  his  presence  and  under  his  direction  by  a 
disinterested  person.     May  be  taken  stenographically. 

§  388.  Rhode  Island — Except  in  equity  causes,  any  justice  of  the  Su- 
preme Court,  justice  of  the  peace,  or  notary  public,  may  take  depositions 
of  any  witness  to  be  used  in  the  trial  of  a  civil  suit  where  he  is  a  disin- 
terested party  and  commenced  or  pending  in  this  State  or  any  other 
State  or  country,  the  adverse  party  or  his  attorney  to  be  notified  as 
to  time  and  place,  before  the  taking.  If  his  residence  or  his  attorney 
be  unknown  the  justice  shall  prescribe  the  method  of  notice.  The 
notification  shall  be  issued  to  a  disinterested  party  by  the  commissioner 
at  least  twenty-four  hours,  exclusive  of  Sundays  and  holidays,  before 
the  taking.  It  shall  be  read  to  the  party,  if  found,  otherwise,  a  cop\r 
to  be  left  at  his  usual  abode;  manner  and  time  of  service  to  be  returned 
and  sworn  to  before  some  officer  authorized  to  take  oaths.  Any  person 
may  be  compelled  to  appear  and  depose  within  this  State. 

The  supreme,  probate  or  district  court  may,  on  motion  of  either 
party  in  an  action  pending  therein,  grant  a  commission  to  take  dep- 
ositions. May  be  taken  in  this  State  to  be  used  in  any  other  State  or 
country,  before  any  person  residing  in  this  State  to  whom  a  commis- 
sion shall  be  directed.  Taken  out  of  the  State  to  be  used  in  this  State, 
may  be  obtained  on  an  order  from  the  trial  court,  and  taken  according 
to  the  law  of  such  State  or  country,  or  if  within  the  United  States,  it 
shall  be  taken  before  a  commissioner  appointed  by  the  governor  of 
this  State,  or  a  judge,  chancellor,  justice  of  the  peace,  notary  public, 
or  civil  magistrate  of  such  State.  If  taken  out  of  the  United  States, 
before  a  resident  United  States  official  or  if  the  deponent  be  in  the  mili- 
tary or  naval  service  of  the  United  States,  before  a  colonel,  lieutenant- 
colonel  or  major  in  the  army,  or  before  any  officer  in  the  navy  not  below 
the  grade  and  rank  of  lieutenant-commander.  The  deponent  shall  be 
sworn  to  testify  the  truth,  the  whole  truth,  and  nothing  but  the 
truth,  and  after  giving  testimony,  shall  subscribe  to  it  in  the  presence 
of  the  officer  taking  it.  The  deposition  may  be  reduced  to  writing  by 
the  officer  or  by  any  one  under  his  direction  and  in  his  presence,  or 
taken  in  shorthand  and  a  transcript  made  in  long  hand,  typewriting, 
print  or  other  reproduction  sworn  to  by  the  person  reporting  it,  and 
signed  by  the  deponent.  The  signature  in  the  latter  case,  to  be  attested 
by  the  officer.  The  deposition  to  be  delivered  by  the  officer's  own  hand 
to   the   court,   or   shall,   together   with   a   certificate   of   its   having  been 


180  NOTARIES  PUBLIC. 

taken,  be  by  the  officer  sealed  up  and  directed  to  the  court,  and  deliv- 
ered to  its  clerk. 

For  depositions  in  perpetual  memory,  the  same  methods  are  em- 
ployed as  in  other  depositions.  The  officer  taking  has  the  same  power 
and  authority  as  magistrates  in  acting.  They  can  compel  attend- 
ance and  testimony.  If  party  entitled  to  notice  resides  outside  the 
State  he  may  be  served  by  any  disinterested  person.  After  taking, 
it  shall  be  sealed  up,  with  the  petition,  and  directed  to  the  clerk  of  the 
common  pleas  division  of  the  supreme  court  in  the  county  in  which 
some  one  of  the  parties  notified  of  the  taking  reside;  if  they  reside 
outside  of  the  State,  then  in  the  county  in  which  the  person  preferring 
the  petition  resides;  in  case  both  parties  reside  outside  the  State,  then 
in  Providence  county.  The  clerk,  on  its  receipt,  sealed  and  addressed, 
shall  open  and  record  it,  on  payment  of  the  legal  fees,  noting  on  same 
the  time  received,  page  of  the  book  where  recorded,  and  return  it  to 
the  party.  If  not  recorded,  it  cannot  be  received  as  evidence  in  any 
court  in  this  State,  unless  it  is  opened  in  the  Court  at  the  time  of  the 
hearing  of  the  cause  in  which  it  is  used. 

§  389.  South  Carolina — Any  judge  or  clerk  of  the  circuit  court  has 
power  to  grant  commissions,  under  the  seal  of  the  court,  directed  to  two 
or  more  commissioners,  to  take  the  depositions  in  writing  of  the  wit- 
ness or  witnesses  therein  mentioned.  Where  the  witness  resides  with- 
out the  State  or  county,  or  at  a  greater  distance  than  one  hundred 
miles  from  the  court,  or  is  about  to  go  without  the  limits  of  the 
State  before  the  next  term  of  court  or  before  trial,  or  when  their  pres- 
ence cannot  be  procured  by  attendance  on  some  public  official  or  pro- 
fessional duty  as  an  attorney  at  such  time,  or  by  reason  of  sickness  or 
infirmity.  Ten  days'  notice  to  be  given  the  adverse  party  with  copy 
of  interrogatories  propounded.  The  application  must  be  accompanied 
with  an  affidavit  showing  the  necessity  for  the  taking. 

Either  party  may,  in  the  court's  discretion,  on  motion,  and  a  show- 
ing that  two  days'  notice  has  been  given  the  adverse  party  or  his  at- 
torney, be  entitled  to  a  rule  to  compel  the  attendance  of  any  witness 
residing  in  the  county,  or  not  more  than  thirty  miles  from  the  court. 
The  testimony  of  an  officer  in  a  lunatic  asylum  may  be  taken  by  com- 
mission. Subpoenas  may  issue  for  witnesses  to  attend  before  the  com- 
mission at  a  certain  time  and  place  not  more  than  fifteen  miles  from 
his  residence  and  answer  on  oath  according  to  their  knowledge  the 
interrogatories  and  cross-interrogatories  annexed  to  the  commission. 

Persons  unable  to  leave  home  by  reason  of  sickness,  age  or  infirmity 
shall  be  attended  by  the  commissioners,  and  in  case  of  their  refusal  to 
give  evidence  or  answer  the  interrogatories,  etc.,  they  shall  be  liable  for 
damages  to  the  party  injured.  Clerks  of  the  court  of  common  pleas 
may  take  depositions,  ten  days'  notice  having  been  given  the  adverse 
party.  All  privileges  and  powers  allowed  as  before  the  court.  Clerk's 
fee  for  each  witness,  one  dollar. 

Depositions  de  bene  esse  may  be  taken  in  civil  actions  depending  in 
the  court  of  common  pleas  where  the  witness  lives  outside  the  county 
or  more  than  one  hundred  miles  from  court,  or  is  bound  for  sea,  going 


DEPOSITIONS.  181 

out  of  the  State  or  county,  or  is  aged  or  infirm.  Same  may  be  taken 
before  any  circuit  court,  judge  or  clerk,  any  trial  justice,  notary  pub- 
lic of  this  State,  chancellor,  justice  or  judge  of  a  superior  or  supreme 
court,  mayor  or  chief  magistrate  of  a  city,  trial  justice,  judge  of  a 
county  court  or  court  of  common  pleas  or  any  of  the  United  States  or 
Dominion  of  Canada  or  Kingdom  of  Great  Britain,  or  any  notary  pub- 
lic not  being  of  counsel  or  attorney.  Notice  of  ten  days  must  first  be 
given  in  writing  by  the  party  or  his  attorney  to  the  adverse  party, 
with  notice  of  time  and  place.  If  impracticable,  the  judge  of  any  cir- 
cuit court  shall  determine  how  notice  to  be  given.  Manner  of  taking — 
Witness  to  be  sworn  to  testify  the  whole  truth.  Testimony  to  be  re- 
duced to  writing  by  the  officer  or  by  the  witness  in  officer's  presence 
and  by  no  other  person,  to  be  subscribed  to  by  the  witness,  delivered 
into  the  court  by  the  hand  of  the  officer,  or  with  a  certificate  of  rea- 
sons for  taking,  and  the  notice  given  adverse  party,  be  sealed  up  and 
directed  to  the  court  by  the  officer  and  forwarded  by  mail  or  express. 
If  witness  is  able  to  appear  at  the  trial  the  deposition  shall  not  be  used. 
Contempt  of  Court — An  attachment  may  issue  from  any  circuit  court 
for  failure  of  the  witness  to  answer  the  subpoena  for  attendance.  Com- 
missions issued  out  of  any  United  States  or  other  State  courts  for  the 
examination  of  witnesses  in  this  State,  produced  to  a  judge  of  the  su- 
preme or  circuit  courts  of  this  State,  shall  have  the  same  consideration 
as  if  issued  by  a  court  of  this  State  and  subpoena  issued,  with  same 
fees  and  contempt  proceedings  as  allowed  in  this  State.  Two  days' 
time  to  be  allowed  the  witness  before  attendance  is  required.  He  is  en- 
titled to  same  fees  for  each  day's  attendance  as  allowed  in  civil  cases, 
with  necessary  ferriages  going  to  and  coming  from.  To  be  paid  by 
the  party  requiring  the  deposition.  Commissioners  are  authorized  to 
retain  the  deposition  until  same  is  paid. 

§  390.  South  Dakota — May  be  taken  in  this  State  by  a  judge  or  clerk 
of  the  supreme  or  district  court,  a  justice  of  the  peace,  notary,  U.  S. 
circuit  or  district  court  commissioner  or  any  person  empowered  by  a 
special  commission. 

Outside  the  State  by  judge,  justice  or  chancellor  or  clerk  of  any 
court  of  record,  justice  of  the  peace,  notary,  mayor  or  chief  magis- 
trate of  a  city  or  town  corporate,  a  commissioner  appointed  by  the 
Governor  of  this  State,  or  any  special  commission.  Officer  must  not 
be  a  relative  or  attorney  of  either  party  or  interested  in  the  action. 
Any  judge  or  clerk  of  a  court  of  record  of  this  State  can  appoint  a 
commission  to  take,  under  seal  of  court.  Witnesses — Notary  can  issue 
subpoena  for.  For  failure  to  attend  the  notary  can  issue  attachment. 
Notice  to  be  given  to  adverse  party  allowing  six  days'  preparation  ex- 
clusive of  Sunday  and  day  of  service  for  their  attendance.  If  a  non- 
resident it  may  be  by  publication  for  three  weeks  in  county  newspaper. 
Deposition  when  taken  must  be  written  by  the  officer,  or  in  his  presence 
by  the  witness,  or  some  disinterested  person,  must  be  subscribed  to  bv 
the  witness,  sealed  up,  endorsed  with  the  title  of  the  case,  name  of  the 
officer  taking,  addressed  and  transmitted  to  the  clerk  of  the  court  where 
action  is  pending,  to  be  filed  at  least  one  day  before  trial.     Officer  must 


182  NOTARIES  PUBLIC. 

state  in  his  certificate  that  the  witness  was  first  sworn  to  tell  the  truth, 
the  whole  truth  and  nothing  but  the  truth.  That  the  deposition  was 
reduced  to  writing  by  some  proper  person,  naming  him.  That  the  depo- 
sition was  written  and  subscribed  in  his  presence,  giving  the  time,  date 
and  place  specified  in  the  notice. 

§  391.  Tennessee — May  be  taken  when  the  witness,  from  age,  infirm- 
ity or  other  cause,  is  incapable  of  attending  at  the  trial  or  resides  out  of 
the  State,  or  residing  in  another  county  of  the  State,  in  which  case 
the  adverse  party  may  have  him  subpoenaed.  When  leaving  the  State, 
or  is  the  only  witness  to  a  material  fact,  or  an  officer  of  the  United 
States,  the  State,  or  the  county,  or  clerk  of  another  court  of  record, 
a  member  of  the  legislature  in  session,  clerk  or  officer  thereof,  a  prac- 
ticing physician  or  attorney,  a  jailer  or  keeper  of  a  public  prison  in 
another  county.  When  he  is  a  notary  public,  whether  a  suit  be  pending 
or  not;  to  be  evidence  between  the  same  parties  in  any  suit  then,  or 
thereafter  depending,  should  the  notary  die  or  remove  out  of  the  State 
before  the  trial.  When  the  suit  is  brought  in  forma  pauperis.  The 
deposition  of  any  person  residing  in  the  county  may  be  taken  by 
either  party,  but  the  opposite  party  may  summon  the  witness,  in 
which  case  he  shall  be  examined  as  if  summoned  by  the  party  taking 
the  deposition.  It  may  be  taken  any  time  after  action  brought,  upon 
such  notice  as  the  court  or  justice  may  order,  or  upon  giving  the 
usual  notice.  Party  exempt  from  attending,  must  claim  at  the  time; 
he  may  claim  exemption  by  application  to  the  court.  The  adverse 
party  may  compel  the  attendance  in  court,  of  the  deponent,  unless 
witness  is  exempt  by  law. 

Witness  may  be  cross-examined  by  any  court  or  justice  of  the  peace 
before  whom  an  action  is  pending,  may  make  orders  and  issue  com- 
missions to  take  depositions,  upon  application  of  either  party.  The 
clerk  or  his  deputy  may  act  in  like  manner.  Court  or  justice  may 
prescribe  notice.  Parties  may  take  without  a  commission,  upon  giving 
opposite  party  notice  of  time  and  place  or  by  filing  interrogatories. 

May  be  taken  in  this  State  for  use  in  any  other  State,  or  foreign 
government.  Attendance  of  witnesses  may  be  compelled,  by  application 
to  any  judge  of  the  superior  courts  of  the  State,  or  to  any  justice  of 
the  peace  of  the  county.  Witness  to  have  two  days  to  prepare  and  not 
obliged  to  leave  the  county.  Service  and  return  of  the  subpoena  to  be 
in  the  usual  way  and  failure  of  witness  to  appear  subjects  him  to  the 
penalties  of  the  law.  Witness  fees  to  be  allowed  as  in  cases  in  this 
State.  Time  of  notice,  five  days.  If  out  of  the  county,  for  50  miles 
or  less,  5  days;  50  to  100,  10  days;  between  100  and  250,  15  days;  250 
to  400,  20  days.  If  to  be  taken  in  another  State  west  of  the  Rocky 
Mountains,  such  time  as  the  court  or  clerk  may  order,  not  over  forty 
days.  In  foreign  countries,  as  the  court  or  clerk  may  order.  Service 
may  be  made  by  the  sheriff,  coroner  or  constable,  with  the  usual  return 
notice.  Service  of  notice  as  to  time  and  place  may  be  made  on  the 
attorney  of  a  non-resident.  If  the  witnesses  reside  out  of  the  State 
or  over  150  miles  from  place  of  trial  either  party  may  take  the  deposition 
by  filing  interrogatories  with  the  clerk,  giving  opposite  party  notice, 


DEPOSITIONS.  183 

who  shall  have  ten  days  to  file  cross-interrogatories.  Officer  taking,  is 
vested  with  all  the  powers  of  a  court,  and  to  control  the  conduct  of 
the  parties.  The  officer  to  swear  the  witness,  the  questions  to  be  re- 
duced to  writing  before  being  put,  and  read  to  the  witness,  the  an- 
swers to  be  written  down  and  then  read  to  or  by  the  witness.  When 
deposition  is  complete,  it  shall  be  enveloped,  together  with  the  com- 
mission and  other  documents,  sealed,  the  commissioner's  name  written 
across  the  seal,  and  directed  to  the  clerk  of  the  court,  title  of  cause  in- 
dorsed thereon  and  sent  to  the  clerk  of  the  court.  If  sent  by  private 
conveyance  the  person  delivering  must  make  an  affidavit  to  the  clerk, 
that  papers  have  not  been  out  of  his  possession  or  opened  since  re- 
ceived by  him.  The  court  or  clerk  may  determine  whether  notice  shall 
be  given  to  each  person  where  more  than  one  person  is  plaintiff  or  de- 
fendant. The  clerk  shall  certify  in  the  deposition  how  received.  The 
commissioner  can  subpoena  witnesses.  Penalty  for  failure  to  appear 
may  be  enforced  by  the  tribunal  having  cognizance  of  the  suit  as  in 
other  cases.  Depositions  may  be  taken  by  any  judge,  justice  of  the 
peace,  mayor  or  chief  magistrate  of  a  town  or  city,  the  clerk  of  any 
court,  or  any  person  properly  commissioned  or  appointed  by  the  court 
or  clerk,  not  being  interested,  of  counsel  or  related  to  either  party,  any 
notary  public,  in  his  county,  and  his  certificate  to  show  the  county. 

Persons  may  have  testimony  perpetuated  by  petitioning  the  circuit 
or  chancery  court  judge,  he  will  fix  the  time  and  place.  Notice  to  a  non- 
resident may  be  given  by  publication  in  such  paper  as  the  judge  directs. 
The  evidence  of  a  notary  public  may  be  taken  and  perpetuated  in  mat- 
ters officially  done  by  him,  without  petition,  upon  notice  to  the  other 
side.  Deposition  of  a  notary  may  be  taken  whether  a  suit  be  pend- 
ing or  not,  on  ten  days'  notice  to  the  opposite  party,  if  resident  in  the 
State,  and  forty  days'  notice  out  of  it,  to  be  read  as  evidence  between 
the  parties  in  any  suit  then  or  afterwards  depending,  should  the  notary 
die  or  remove  from  the  State  before  the  trial. 

§  392.  Texas — May  be  taken  when  the  witness  is  a  female,  is  aged, 
infirm,  sick,  or  when  official  duty  prevents  attendance  at  court;  when 
witness  resides  without  the  State  or  county,  or  is  about  to  leave  the 
State  or  county,  and  probably  cannot  be  at  the  trial,  or  to  perpetuate 
testimony.  May  be  taken  when  residents  or  not  of  the  county  where 
suit  is  pending;  provided,  the  failure  to  secure  same  shall  not  be  re- 
garded as  want  of  diligence.  The  party  shall  file  with  the  court  clerk,  or 
justice  of  the  peace,  as  may  be,  a  notice  of  his  intention  with  interroga- 
tories attached.  The  notice  to  state  name  and  residence  of  witness,  or 
where  he  can  be  found,  and  the  suit  to  be  used  in.  A  copy  of  all  shall 
be  served  on  the  adverse  party,  or  his  attorney  of  record,  five  days  be- 
fore the  commission  issues.  If  the  adverse  party  is  a  corporation,  or 
joint  stock  association,  service  may  be  on  its  president,  secretary, 
treasurer,  or  local  agent  in  the  county  where  the  suit  is,  or  by  leaving  it 
at  the  principal  office  of  such  corporation  during  office  hours. 

On  an  affidavit,  that  either  party  is  beyond  the  jurisdiction  of  the 
court,  or  cannot  be  found,  or  that  he  has  no  attorney  of  record,  or  his 
claimants  have  not  become  parties  to  the  suit,  and  are  unknown;  by  the 


184  NOTARIES  PUBLIC. 

party  wishing  the  deposition,  the  clerk  or  justice  of  the  peace  shall 
cause  a  notice  to  be  published  in  some  newspaper  for  thirty  days,  stat- 
ing the  number  of  the  suit,  names  of  original  parties,  the  court  where 
pending,  name  and  residence  of  witnesses,  that  a  commission  will  issue 
on  or  after  the  thirtieth  day. 

The  style  of  the  commission  shall  be,  "The  State  of  Texas;"  it  shall 
be  dated  and  tested  as  other  process;  addressed  to  the  officer  authorizing 
and  requiring  him  to  summon  the  witness  before  him  forthwith,  to  take 
his  answers  under  oath  to  the  direct  and  cross-interrogatories,  if  any, 
a  copy  shall  be  attached  to  the  commission,  and  to  return  without  de- 
lay the  commission  and  interrogatories  and  the  answers  of  the  witness 
thereto,  to  the  clerk  or  justice  of  the  proper  court,  giving  his  official 
and  postoffice  address.  Cross-interrogatories  may  be  filed  by  either  party 
before  commission  issues. 

Who  may  take  in  the  State — Any  clerk  of  the  district  court,  any 
judge  or  clerk  of  the  county  court  or  any  notary  public  of  the  county. 
In  any  other  State,  a  clerk  of  a  court  of  record  having  a  seal,  a 
notary,  or  commissioner  of  deeds  in  that  State  appointed  by  the  gov- 
ernor of  this  State.  In  foreign  countries;  a  United  States  minister, 
commissioner,  charge  d'affaires,  consul  general,  consul,  vice-consul, 
commercial  agent,  vice  commercial  agent,  deputy  consul,  or  consular 
agent  resident  in  such  country,  or  any  notary  public  in  that  country. 
If  witness  fails  to  appear  he  shall  be  subpoenaed  through  the  sheriff 
or  constable  of  the  county.  Attachment,  fine  and  imprisonment  may 
follow.  The  answers  shall  be  written,  sworn  to  and  signed  by  the 
witness.  The  officer  shall  certify  that  they  were  so  taken  before  him, 
and  seal  it  in  an  envelope  with  the  commission  and  interrogatories, 
etc.,  write  his  name  across  the  seal,  indorse  on  the  envelope  the  names 
of  the  parties  to  the  suit  and  the  witnesses,  direct  it  to  the  clerk  of  the 
court  or  justice  from  whom  issued.  An  interpreter  may  be  summoned 
and  sworn  by  the  officer.  Return  may  be  made  by  mail,  the  party  in- 
terested or  other  parties.  The  postmaster  or  his  deputy  shall  indorse 
their  receipt  upon  them,  the  clerk  or  justice  likewise.  If  sent  other 
than  by  mail,  party  shall  make  affidavit  before  the  clerk  or  justice, 
that  he  received  them  from  the  officer  and  that  they  have  not  been  out 
of  his  possession  nor  undergone  any  alteration.  It  may  be  opened  by 
the  clerk  or  justice  at  the  request  of  either  party  or  counsel;  he  shall 
indorse  upon  them  the  date  and  at  whose  request  they  were  opened, 
signing  his  name;  they  shall  remain  on  file  for  either  party's  inspection. 
When  cross-interrogatories  have  been  filed  and  answered,  either  party 
has  the  right  to  use  the  deposition.  When  the  deposition  has  been  filed 
in  court  one  day  before  trial  any  objections  to  them  shall  be  in  writing 
and  notice  given  to  opposite  counsel.  They  shall  be  read,  subject  to 
legal  exceptions.  Surplusage  may  be  stricken  out  by  the  court  upon 
objections  thereto. 

Deposition  to  perpetuate  testimony  may  be  made  through  the  proper 
county  court,  after  the  same  manner. 

§  393.  Utah — The  testimony  of  a  witness  out  of  this  State  may  be 
taken  by  deposition  at  any  time  after  the  service  of  the  summons,  or  the 


DEPOSITIONS.  is.' 

appearance  of  the  defendant,  and  in  a  special  proceeding,  at  any  time 
after  a  question  of  fact  has  arisen.  May  be  taken  in  this  State  when  the 
witness  is  a  party  to  the  action,  or  a  person  for  whose  immediate  bene- 
fit the  action  is.  When  he  resides  out  of  the  county  in  which  his 
testimony  is  to  be  used;  when  he  is  about  to  leave  the  county  where 
action  is,  and  will  probably  be  absent  when  required;  when  infirm, 
or  his  testimony  is  required  on  a  motion,  or  in  any  other  case  where 
the  oral  testimony  is  not  required.  If  out  of  the  State,  for  use  in 
the  State,  may  be  taken  upon  a  commission  issued  from  the  court 
under  its  seal,  upon  an  order  of  the  judge,  or  court,  or  justice  of  the 
peace  under  his  hand  in  any  case  pending  before  either  of  such  courts; 
on  the  application  of  either  party,  upon  five  days'  notice  to  the  other. 
If  issued  to  any  place  within  the  United  States,  it  may  be  directed 
to  any  person  agreed  upon  by  the  parties,  or,  if  they  do  not  agree, 
to  any  judge  or  notary  public,  or  person  named  or  commissioned  by 
the  officers  issuing  it.  If  issued  to  any  country  out  of  the  United 
States,  it  may  be  directed  to  a  United  States  minister,  ambassador,  con- 
sul, vice  consul  or  consular  agent  in  the  country,  or  to  any  person 
agreed  upon  by  the  parties.  Parties  may  prepare  their  interrogatories, 
direct  and  cross;  if  they  disagree,  then  the  officer  granting  the  com- 
mission shall  prepare,  at  a  day  fixed  in  the  order.  If  the  parties  agree 
it  may  be  without  written  interrogatories. 

Depositions  for  use  in  other  States  may  be  taken  where  witness  re- 
sides in  this  State.  If  a  commission  has  been  issued,  by  producing  same 
to  a  district  or  probate  judge  here,  with  satisfactory  affidavit  as  to  its 
necessity,  he  may  subpoena  the  witness  to  appear  and  testify  before  the 
commissioner  at  a  specified  time  and  place.  If  a  commission  has  not 
been  issued,  a  district  or  probate  judge,  or  justice  of  the  peace,  may  on 
the  presentation  of  a  satisfactory  affidavit,  subpoena  the  witness  to  ap- 
pear before  him  and  testify.  The  testimony  to  be  taken  in  writing,  cer- 
tified and  transmitted  to  the  court  or  judge  requiring  same,  as  the  law 
of  the  State  requires. 

May  be  taken  in  this  State,  before  a  judge  or  officer  authorized  to 
administer  oaths,  on  at  least  five  days'  notice  to  the  adverse  party  of  the 
time  and  place  of  examination,  together  with  a  copy  of  an  affidavit 
showing  that  the  case  is  within  the  statute;  allowing  also  one  day  for 
every  twenty-five  miles  of  distance  to  the  place  of  examination  from  the 
residence  of  the  party,  unless,  for  cause  shown,  a  judge  by  order  pre- 
scribes a  shorter  time,  copy  of  which  must  then  be  served  with  the 
notice.  Either  party  may  attend  the  examination  and  put  proper  ques- 
tions. The  deposition  must  be  read  to  the  witness,  corrected  if  desired, 
subscribed  to  by  him,  certified  to  by  the  officer,  enclosed  in  an  envelope, 
sealed  and  directed  to  the  clerk  of  the  court  where  action  is  pending,  or 
to  such  person  as  the  parties  in  writing  may  agree  and  delivered  person- 
ally or  by  mail.  It  may  be  used  by  either  party  at  the  trial.  Depo- 
sitions to  perpetuate  testimony  may  be  taken  when  required. 

§  394.  Vermont — Who  may  take,  in  the  State — Justices,  notaries,  mas- 
ters in  chancery,  judges  and  registers  of  probate,  shall  have  the  same 


1S6  NOT  ABIES  PUBLIC. 

powers.  Notary  need  not  use  his  official  seal.  A  resident  commissioner 
of  another  State  may  take  for  use  in  the  State  of  his  appointment. 

Out  of  the  State — A  judge  of  the  Supreme  Court  may,  in  vacation, 
upon  the  application  of  a  party  in  a  suit  pending  in  a  county  court,  and 
on  such  notice  to  the  adverse  party,  or  his  attorney,  as  the  judge  thinks 
reasonable,  cause  the  clerk  of  his  court  to  issue  a  commission  to  a  per- 
son designated,  to  take  the  testimony  of  a  person  residing,  or  without 
the  State;  it  shall  be  taken  upon  interrogatories  settled  by  the  order  of 
the  judge  upon  oral  examination.  May  be  taken  by  a  justice  so  au- 
thorized by  his  State  and  a  commissioner  appointed  by  the  governor  of 
this  State.  Depositions  of  witnesses  without  this  State,  taken  agreeable 
to  the  laws  of  this  State,  or  of  the  State  or  country  in  which  they  are 
taken,  shall  be  allowed  in  any  court.  May  be  taken  at  any  reasonable 
time  after  suit  is  commenced,  in  whatever  court  the  suit  is  pending,  or 
while  suit  is  passing  from  one  court  to  another.  The  party  desiring  it 
shall  cause  personal  notice  to  issue  from  the  magistrate  taking,  to  the 
adverse  party,  or  by  citation  signed  by  a  justice,  notary,  or  master  in 
chancery,  served  like  a  writ  of  summons  on  the  adverse  party,  or  if  he 
resides  out  of  the  State,  on  his  attorney,  if  in  the  State.  Such  notice  to 
state  the  time  and  place  of  taking,  the  name  of  the  magistrate;  give 
reasonable  time  to  be  present.  A  party  may,  without  notice,  take  a 
deposition  when  the  adverse  party  is  a  non-resident  and  has  no  attor- 
ney in  the  State;  but  such  deposition  shall  be  filed  in  court  where  the 
cause  is  pending,  at  least  twenty  days  before  the  trial.  A  magistrate 
of  competent  authority  shall  issue  subpoenas  for  witnesses  at  the  request 
of  either  party.  Attachment  may  issue  to  compel  attendance,  and  a  for- 
feiture of  ten  dollars  and  all  just  damages  paid  the  party  in  whose  be- 
half he  is  summoned.  Befusing  to  depose  when  fees  have  been  tendered 
shall  cause  commitment  to  jail,  until  he  deposes  and  pays  costs  of  com- 
mitment. Deposition  can  not  be  used  unless  the  officer  to  take  has  ap- 
peared at  the  place  within  two  hours  of  the  time  mentioned  in  the 
notice.  The  deposition  subscribed  and  sworn  to  by  the  witness,  the 
authority  taking  shall  certify  it,  seal  it  up,  and  deliver  it  to  the  person 
at  whose  request  it  was  taken,  superscribed,  "The  within  deposition  of 
A.  B.  was  taken  and  sealed  up  by  C.  D.  (adding  his  official  designation). 
No  interested  person  can  write  the  deposition.  If  returned  to  the  clerk 
of  the  court  unsealed  or  with  the  seal  broken,  it  shall  be  rejected  by  the 
court.  The  provisions  for  taking  to  be  used  in  the  courts  of  this  State, 
shall  be  applicable  to  the  taking  of  depositions  to  be  used  in  courts 
without  this  State. 

Testimony  in  perpetuam  may  be  taken  on  affidavit  before  a  judge  of 
the  Supreme  or  county  court. 

§  395.  Virginia — May  be  taken  in  this  State  by  a  justice  or  notary 
or  a  commissioner  in  chancery  and,  if  certified  under  his  hand,  may  be 
received  without  proof  of  the  signature.  If  the  party  resides  out  of  this 
State,  or  is  out  of  it  in  the  service  thereof,  or  of  the  United  States,  it 
may  be  taken  before  any  commissioner  appointed  by  the  governor  of 
this  State,  any  justice,  notary,  or  other  officer  authorized  to  take  depo- 
sitions in  the  State  where  the  witness  may  be,  or  if  in  a  foreign  coun- 


DEPOSITIONS.  187 

try,  before  any  person  that  the  parties  may  agree  upon  in  writing,  or 
any  American  minister,  plenipotentiary,  charge  d '  affaires,  consul  gen- 
eral, vice  consul,  commercial  agent  appointed  by  the  government  of  the 
United  States,  or  any  other  representative  of  the  United  States  in  a 
foreign  country,  or  the  mayor,  or  other  magistrate  of  any  city,  town  or 
corporation  in  such  country  or  any  notary  therein.  The  officer  may  ad- 
minister an  oath  to  the  witness,  take  and  certify  the  deposition  with 
his  official  seal  annexed,  if  he  have  none,  then  the  genuineness  of  his 
signature  shall  be  authenticated  by  some  officer  of  the  State  or  coun- 
try, under  his  official  seal,  unless  the  deposition  is  taken  by  a  justice  out 
of  this  State,  but  in  the  United  States,  or  before  some  person  agreed 
upon  in  writing  by  the  parties,  in  which  case  it  shall  be  received  with- 
out any  seal  or  authentication  of  the  signature.  If  taken  before  some 
person  agreed  upon  in  writing  by  the  parties  other  than  the  officer 
authorized  to  take,  the  said  writing  must  accompany  the  deposition,  or 
the  deposition  can  not  be  read.  No  commission  is  necessary  to  take  a 
deposition  except  for  proving  a  will.  Seasonable  notice  to  be  given  the 
adverse  party  of  the  time  and  place  of  taking.  The  deposition  may  be 
used  in  several  suits  between  the  same  parties  involving  the  same  con- 
troversy. Notice  may  be  served  on  the  party's  counsel,  if  the  party  is 
a  non-resident.  The  deposition  may  be  retaken  without  the  consent 
of  the  court  first  obtained,  if  discreet.  Depositions  may  be  read  in  the 
case  when  the  witness  is  dead,  out  of  the  State  or  one  of  its  judges,  or  a 
superintendent  of  a  lunatic  asylum  distant  more  than  thirty  miles  from 
the  place  of  trial,  or  in  any  public  service  or  office,  the  duties  of  which 
prevent  his  attending  the  court,  or  be  unable  to  attend  from  sickness  or 
infirmity,  or  be  more  than  a  hundred  miles  from  the  place  of  trial.  The 
latter  may  not  excuse,  if  good  cause  be  shown  the  court.  When  com- 
pleted it  shall  be  certified  and  returned  by  the  officer  taking  it,  to  the 
clerk  of  the  court  where  the  case  is  pending  or  to  the  person  before 
whom  it  is  to  be  read.  When  received,  the  clerk  or  other  person  to 
whom  sent,  after  endorsing  thereon  the  time  it  was  received,  shall  file 
it  among  the  papers  of  the  suit.  It  may  be  read  by  either  party.  Tes- 
timony may  be  perpetuated  by  filing  with  a  commissioner  in  chancery 
a  petition  stating  the  matter. 

§  396.  Washington — May  be  taken  to  be  read  in  evidence  in  an  ac- 
tion when  witness  resides  out  of  the  sub-district  (county),  more  than 
twenty  miles  from  the  place  of  trial;  is  about  to  leave  and  go  more  than 
twenty  miles  from  the  place  of  trial  and  remain;  is  sick,  infirm,  aged 
and  unable  to  attend  trial,  or  resides  out  of  the  state.  Either  party 
may  commence  taking  testimony  after  service  of  summons  upon  the 
defendants.  May  be  taken  in  this  State  before  a  judge  of  the  superior 
court,  justice  of  the  peace,  clerk  of  the  supreme  or  superior  court, 
mayor  of  a  city,  or  notary  public.  Notice  to  be  served  on  the  adverse 
party,  his  agent  or  attorney  of  record,  with  time  to  attend  by  the  usual 
route  and  three  days'  preparation,  exclusive  of  day  of  service  and  the 
examination  day;  notice  to  state  if  any  adjournment,  also  to  specify 
the  tribunal  where  it  is  to  be  used  and  the  time  and  place  of  taking. 
Officer    may    compel    attendance    of    witnesses    within    twenty    miles    of 


188  NOTARIES  PUBLIC. 

his  abode,  under  penalty.  Taking  out  of  the  State  may  be  by  a  judge, 
justice  or  chancellor  or  clerk  of  a  court  of  record,  justice  of  the  peace, 
notary,  mayor,  chief  magistrate  of  any  city  or  town,  or  by  a  special 
commission  from  any  court  of  this  State.  Commission  to  take  in  or 
out  of  the  State  may  issue  from  any  superior  court  or  judge  thereof. 
The  commissioner  must  be  named  in  the  commission  by  the  clerk, 
under  the  court  seal;  deposition  must  be  upon  written  interrogatories, 
unless  the  parties  otherwise  agree.  Before  granting,  the  party  apply- 
ing shall  serve  notice  of  application  on  the  adverse  party,  stating  time 
and  place,  notice  to  be  served  as  before  stated.  The  court  or  judge 
shall  settle  the  interrogatories  the  clerk  shall  attach  to  the  commis- 
sion. If  the  adverse  party  is  a  non-resident  and  has  no  agent  or  attor- 
ney therein,  notice  may  be  by  three  consecutive  weeks'  publication  in 
the  county  newspaper.  If  not  printed,  then  in  a  State  paper  circulat- 
ing generally  in  the  county.  It  must  contain  all  that  is  required  in 
the  notice  and  proved  by  affidavit.  Deposition  to  be  written  by  the 
officer  or  by  the  witness,  or  some  disinterested  person,  in  the  presence 
and  under  the  direction  of  the  officer.  It  shall  be  carefully  read  to  or 
by  the  witness,  corrected  and  subscribed  to  by  him.  If  taken  up  on 
notice  it  shall  be  certified  by  the  officer.  The  officer  to  enclose  it  in  an 
envelope,  seal  and  direct  it  to  the  clerk  of  the  court  or  justice,  where 
case  is  pending,  or  as  the  parties  in  writing  may  agree.  Delivery  by  mail 
or  in  person.  It  may  be  used  by  either  party  at  the  trial.  It  may  be 
used  in  any  other  action  in  the  same  cause,  between  the  same  parties; 
provided,  it  shall  have  been  filed  with  the  court  in  the  meantime. 
May  be  used  on  appeal. 

Deposition  to  perpetuate  testimony  may  be  taken  on  a  sworn  state- 
ment in  writing  by  the  party  in  interest,  by  filing  same  in  the  superior 
court.  If  pertaining  to  land  it  shall  be  filed  in  the  county  where  the 
land  lies;  in  other  cases  where  the  parties  reside. 

§  397.  West  Virginia — May  be  taken  in  case  pending,  without  a 
commission  in  or  out  of  the  State,  by  a  justice  or  notary,  commissioner 
in  chancery,  or  before  any  officer  authorized  to  take,  in  the  county  or 
State  where  they  may  be  taken,  and  if  certified  under  his  hand,  may 
be  received  without  proof  of  the  signature.  On  an  affidavit  that  a  wit- 
ness resides  out  of  the  State,  or  is  out  of  it  in  the  service  thereof,  or  of 
the  United  States;  his  deposition  may  be  taken  by  or  before  any  com- 
missioner appointed  by  the  governor  of  this  State,  or  any  justice,  notary, 
or  officer  so  authorized  to  take  in  the  State  where  the  witness  may  be. 
If  in  a  foreign  country,  by  or  before  such  commissioner  or  commission- 
ers agreed  on  by  the  parties  or  appointed  by  the  court,  or  before  any 
United  States  American  minister,  plenipotentiary,  charge  d  'affaires, 
consul-general,  consul,  vice-consul,  consular  agent,  vice  deputy  con- 
sular agent,  commercial  agent  or  vice  commercial  agent,  or  by  or  be- 
fore the  mayor  or  other  chief  magistrate  of  any  city,  town  or  corpora- 
tion in  such  country  or  any  notary  public  thereof.  The  person  taking, 
may  administer  an  oath  to  the  witness,  take  and  certify  the  deposi- 
tions with  his  official  seal  annexed,  and  if  he  have  none,  the  genuine- 
ness of  his  signature  shall  be  authenticated  by  some  officer  of  the  same 


DEPOSITIONS.  189 

State  or  country,  under  his  official  seal.  Reasonable  notice  to  be  given 
the  adverse  party  of  the  time  and  place  of  the  taking;  in  a  suit  in 
equity  a  deposition  may  be  read  if  returned  before  the  hearing  of  the 
cause,  although  after  an  interlocutory  decree,  if  it  be  as  to  a  matter 
not  thereby  adjudged,  and  be  returned  before  a  final  decree.  In  a  case 
at  law  when  taken  on  such  notice  it  may  be  read  in  such  case,  if  when 
offered  the  witness  be  dead,  out  of  the  State,  or  one  of  its  judges,  or 
in  any  public  office  or  service,  the  duties  of  which  prevent  attending 
the  court,  or  sickness,  infirmity,  out  of  the  county  where  case  is  pend- 
ing; the  latter  on  motion  to  the  court  before  trial,  may  not  excuse. 
After  filing  it  may  be  read  by  either  party. 

Depositions  to  perpetuate  testimony  may  be  taken  on  petition  to  a 
commissioner  in  chancery. 

§  398.  Wisconsin — May  be  taken  on  application  to  the  court  or  pre- 
siding judge;  court  to  determine  whether  on  verbal  or  written  interrog- 
atories; the  deponent  to  be  sworn,  officer  taking  to  insert  every  answer 
or  declaration;  deposition  to  be  read  and  subscribed  to  by  the  witness, 
unless  waived  by  counsel  and  so  noted,  sealed  and  delivered  to  the  clerk 
of  the  court  where  matter  is  pending.  In  the  State  may  be  taken  by  a 
justice  of  the  peace,  notary,  court  commissioner  or  other  authorized  of- 
ficer; any  time  after  action  begun,  notice  to  adverse  party,  agent  or.  at- 
torney, giving  witnesses'  names,  officer,  time  and  place.  Twenty-four 
hours'  service  allowed  in  same  city  or  town;  if  elsewhere  in  the  State, 
two  days  allowed  and  one  day  additional,  Sundays  excepted,  for  every 
fifty  miles'  travel,  after  the  first  ten  miles  from  the  place  where  notice 
is  served,  when  taken  within  the  State,  and  time  of  one  day  for  each 
three  hundred  miles  from  the  place  where  notice  is  served.  When 
taken  without  the  State,  commission  may  issue  from  any  court  of  record. 
The  party  desiring  it  may  prepare  his  interrogatories,  state  the  com- 
missioner proposed,  name  of  witness,  residence  of  each,  serve  a  copy 
on  the  adverse  party;  within  ten  days  commission  will  issue,  subject  to 
the  objections  of  adverse  party.  Before  whom  taken  outside  the  State — 
Any  judge  or  justice,  court  commissioner  or  master  in  chancery  of  any 
court  of  record  in  the  United  States  or  State,  notary,  justice  of  the 
peace,  commissioner  of  deeds  appointed  by  the  governor  of  this  State, 
or  special  commissioner.  If  for  use  in  a  court  not  of  record,  not  more 
than  thirty  days'  notice  to  be  given;  if  for  a  court  of  record,  ten  days' 
notice  to  be  given.  One  day's  notice  shall  be  sufficient  in  case  of  the 
depositions  of  additional  witnesses  desired  to  be  examined,  given  during 
the  course  of  the  taking  of  any  deposition  where  the  parties  on  each 
side  appear.  In  case  the  officer  fail  to  appear,  it  may  be  taken  be- 
fore any  other  officer  authorized  by  law.  But  in  any  action  in  any 
court,  no  notice  of  the  taking  need  be  given  to  a  defendant,  who  hav- 
ing been  served  with  process  fails  to  appear  within  the  time  allowed. 
May  be  taken  in  a  foreign  country  by  commission  by  any  judge  or 
clerk  of  a  court  of  such  country,  any  notary,  consul,  vice-consul,  deputy 
consul  or  consul  agent  of  the  United  States,  resident  in  such  country, 
by  any  officer  authorized  by  the  laws  of  the  United  States,  or  by  a 
commissioner   or   commissioners,   whether   otherwise    authorized    or    not, 


190  NOTAEIES  PUBLIC. 

appointed  for  that  purpose  by  such  commission.  When  it  shall  appear 
to  the  judge  of  the  court  from  which  the  commission  issues,  that  the 
witness  is  unable  to  speak  or  understand  the  English  language,  such 
judge  may  appoint  a  competent  and  disinterested  person  to  translate 
the  commission,  rules,  interrogatories,  etc.  Same  shall  be  sent  to  the 
commissioner  in  place  of  the  original  papers,  or  such  as  have  been 
translated.  Upon  the  return  of  the  commission  and  deposition  such 
judge  shall  in  like  manner  cause  the  same  to  be  translated  into  English, 
and  all  other  proceedings;  such  transaction  shall  be  filed.  The  trans- 
lator shall  append  his  affidavit  to  the  translation,  stating  that  he 
knows  both  languages  and  that  he  truly  translated  and  that  it  is  cor- 
rect; the  same  effect  shall  be  had  as  if  all  the  proceedings  were  in 
English,  but  the  trial  court,  upon  the  deposition  being  offered  in  evi- 
dence, may  admit  the  testimony  of  witnesses  learned  in  such  foreign 
language  for  the  correction  of  errors,  and  if  it  shall  appear  that  the 
first  translation  was  in  any  respect  so  incorrect  as  to  mislead  the  wit- 
ness, the  court  may  in  discretion  continue  the  cause  for  the  further 
taking  of  testimony. 

Subpoena  may  issue  compelling  attendance  of  witnesses  in  this  or 
other  states.  FEES — Witness,  per  day,  $1.50;  half  day,  75c;  copying 
papers,  10c  per  folio;  travel,  4c  per  mile  each  way  in  the  State;  justice 
taking  12c  per  folio.  Each  party  to  pay  his  commissioner  and  wit- 
nesses. 

§  399.  Wyoming — May  be  taken  in  this  State  before  a  judge  or  clerk 
of  the  supreme  or  district  court,  a  justice  of  the  peace,  notary  public, 
mayor  or  chief  magistrate  of  a  municipal  corporation,  or  any  other 
person  authorized  to  administer  oaths,  or  any  person  empowered  by  a 
special  commission.  May  be  taken  out  of  the  State  before  a  judge, 
justice  or  chancellor  of  any  court  of  record,  a  justice  of  the  peace,  no- 
tary public,  mayor  or  chief  magistrate  of  any  municipal  corporation, 
a  commissioner  appointed  by  the  governor  of  this  State  to  take  deposi- 
tions, or  any  other  person  authorized  to  administer  oaths,  or  any  per- 
son authorized  by  a  special  commission  from  this  State;  provided,  that 
when  a  deposition  is  taken  by  an  officer  not  having  a  seal,  his  jurat 
shall  be  accompanied  by  a  certificate  of  the  clerk  of  the  county  in  which 
same  is  taken,  setting  forth  the  fact  that  the  officer  is  such  officer,  and 
that  his  signature  is  genuine.  Either  party  may  commence  taking  tes- 
timony by  deposition  after  service  upon  the  defendant.  Officer  taking 
must  not  be  a  relative  or  interested  in  the  action.  Any  court  of  record 
of  the  State,  or  a  judge,  may  grant  a  commission  to  take  depositions 
within  or  without  the  State,  to  be  issued  by  the  clerk  under  the 
seal  of  the  court.  The  persons  to  whom  issued  must  be  named  there- 
in, and  deposition  must  be  taken  on  written  interrogatories  unless 
parties  otherwise  agree.  Written  notice  to  be  given  the  adverse  party, 
unless  taken  under  special  commission,  must  specify  the  action,  name 
of  the  court  where  it  is  to  be  used,  the  time  and  place  of  taking,  and 
in  case  the  deposition  of  a  party  to  the  suit  be  taken,  it  shall  not  be 
used  in  his  own  behalf,  unless  the  notice  so  specifies;  it  shall  be  served 
upon  the  adverse  party,  his  agent  or  attorney  of  record,  or  left  at  their 


DEPOSITIONS.  191 

usual  abode.  It  shall  only  be  used  against  such  parties  as  are  so 
served.  Sufficient  time,  exclusive  of  Sundays,  day  of  service,  and  one 
day  of  preparation,  and  time  for  travel,  shall  be  allowed.  May  be  ad- 
journed from  day  to  day  if  so  stated  in  the  notice.  Notice  by  publica- 
tion may  be  given  when  adverse  party  is  a  non-resident,  and  has  no 
agent  or  attorney  of  record  in  the  State,  the  publication  must  be  for 
three  consecutive  weeks  in  a  newspaper  published  in  the  county;  if  no 
newspaper  there,  then  in  one  published  in  the  State  circulating  gen- 
erally in  the  county;  proved  by  affidavit;  deposition  to  be  written  in 
the  presence  of  the  officer,  by  him  or  the  witness  or  some  disinterested 
person,  and  subscribed  to  by  the  witness.  Officers'  certificate  to  show 
that  the  witness  was  sworn  to  testify  the  truth,  the  whole  truth,  and 
nothing  but  the  truth.  That  the  deposition  was  reduced  to  writing  by 
some  proper  person,  and  subscribed  to  in  his  presence.  That  it  was 
taken  at  the  time  and  place  specified  in  the  notice.  It  shall  be  sealed 
in  an  envelope  indorsed  with  the  title  of  the  cause,  the  name  of  the 
officer  taking;  he  shall  address  and  transmit  it  to  the  clerk  of  the 
court  of  the  action,  there  to  remain  unopened  subject  to  the  court's 
orders,  or  the  request  of  the  party  to  the  action,  or  his  attorney.  It 
must  be  filed  in  court  at  least  one  day  before  trial.  If  taken  out  of 
this  State  by  an  authorized  officer  it  may  be  taken  in  this  form  or  in 
the  form  authorized  where  taken;  in  the  latter  ease  the  certificate 
shall  be  deemed  prima  facie,  as  made  in  accordance  with  the  laws  of  the 
place  where  made  when  it  so  certifies.  Subpoena  for  witness  shall  be 
issued  by  the  officer.  A  witness  shall  not  be  compelled  to  go  out  of 
his  county.  Depositions  may  be  used  only  when  the  witness  does  not 
reside  in,  or  is  absent  from  the  county  where  the  action  is  pending; 
when  dead,  aged,  infirm  or  imprisoned;  when  the  testimony  is  re- 
quired upon  a  motion,  or  the  oral  examination  is  not  required.  It  may 
be  read  in  any  stage  of  the  action  or  in  any  other  action  upon  the 
same  matter,  between  the  parties.  A  deposition  taken  by  an  author- 
ized officer  having  a  seal  of  office,  shall  be  admitted  in  evidence  upon 
the  certificate  and  signature  of  such  officer,  under  the  seal  of  the  court 
of  which  he  is  an  officer,  or  his  official  seal,  and  no  other  act  of  authen- 
tication is  required.  If  he  has  no  official  seal,  and  is  not  taken  in  this 
State,  it  shall  be  certified  and  signed  by  the  officer  and  further  authenti- 
cated, either  by  parol  proof  in  court  or  by  the  certificate  and  seal  of  the 
secretary  or  other  officer  of  the  State  who  is  the  custodian  of  the  great 
seal  of  the  State,  or  the  certificate  and  seal  of  the  clerk  or  prothono- 
tary  of  any  court  of  the  State  where  taken,  attesting  that  such  officer 
was  at  the  time  of  taking  authorized  to  take.  If  taken  in  this  State  by 
an  officer  not  having  a  seal,  or  within  or  without  this  State  under  a 
special  commission,  the  official  signature  of  the  officer  or  commissioner 
is  sufficient,  and  when  not  certified  according  to  law,  the  fact  neglected 
may  be  shown  by  parol  proof.  Fees:  15c  per  folio  and  $5  for  all  other 
services. 

§  400.  Canada — Of  witnesses  outside  of  the  province  may  be  taken 
by  commission  upon  interrogatories.  Open  commission  can  issue  by  con- 
sent of  parties. 


CHAPTER   V. 

NEGOTIABLE  INSTRUMENTS. 

§  401.  Negotiable  instruments. — This  chapter  treats  of  one 
of  the  most  responsible  parts  of  a  notary's  duties.  Grave 
complications  are  constantly  arising  from  ignorance  or  neglect 
on  the  part  of  the  notary,  causing  serious  loss  and  damage, 
either  to  the  notary  himself,  his  bondsmen  or  his  principals. 
A  notary  should  have  some  knowledge  of  the  law  of  com- 
mercial papers — the  more  the  better.  The  moment  a  notary 
receives  commercial  paper  for  demanding  acceptance,  pay- 
ment or  protest,  he  immediately  becomes  the  agent  of  the 
owner  of  the  paper,  his  duty  is  to  him  and  all  others  affected 
by  the  notary's  official  acts.  An  agreement  by  him  to  share 
any  portion  of  his  legal  fees  with  a  bank  or  others,  to  induce 
the  placing  in  his  hands  of  such  papers,  is  void,  on  the  ground 
of  public  policy.  A  notary,  as  a  public  officer,  is  independent 
of  all  outside  influences.  Mere  favoritism  in  his  selection  for 
the  official  service  cannot  be  regarded  in  any  such  agree- 
ment.2 

§  402.  Negotiable  instruments  is  a  term  constantly  applied 
to  bills  of  exchange,  promissory  notes  and  checks,  which  are 
made  negotiable  by  being  made  payable  to  order  or  to  bearer.1 

Negotiable  paper  is  that  which  passes  freely  from  one  per- 
son to  another;  to  do  this  it  is  made  payable  to  a  payee,  or 
order,  or  to  bearer.  When  payable  to  order,  it  must  be  en- 
dorsed by  the  party  presenting  it.  When  payable  to  bearer, 
it  requires  no  indorsement. 

Non-negotiable  paper  is  payable  only  to  the  payee,  and  men- 
tions no  "order"  or  bearer. 

§  403.  A  bill  of  exchange  is  a  written  order  from  one  person 
to  another,  directing  the  person  to  whom  it  is  addressed  to 

iBurrell's  Law  Dictionary.  146;   supported  by  Britton  v.  Nich- 

2  Ohio   Nat.  Bank   of  Washington      ols,  104  U.  S.  757. 
v.  Hopkins,   8  Court  of  App.  D.   C. 

192 


NEGOTIABLE  INSTRUMENTS.  193 

pay  to  a  third  person  a  certain  sum  of  money  therein  named,3 
and  to  charge  the  same  to  his  account.  The  parties  are  the 
drawer,  who  makes  the  bill;  the  payee  to  whom  it  is  to  be 
paid;  the  drawee,  to  whom  it  is  directed;  when  the  latter 
accepts  it  by  writing  his  name  across  its  face,  he  is  the 
acceptor.  When  the  payee  writes  his  name  on  its  back  he  is 
the  indorser.  Persons  subsequently  writing  their  names  upon 
its  back  likewise  become  indorsers.  Bills  are  either  inland  or 
foreign.  An  inland  bill  is  a  bill  drawn  and  payable  within 
the  same  country;  all  others  are  foreign  bills.4  The  States 
of  the  Union  are  foreign  to  each  other  within  the  meaning 
of  this  article.5  An  architect's  certificate  notifying  the  owner 
of  a  building  that  a  certain  sum  was  due  the  contractors  which 
was  endorsed  by  the  owner  in  the  form  of  an  order  to  his 
banker,  is  a  check  and  not  a  bill  of  exchange.6  The  law  recog- 
nizes as  bills  of  exchange  only  instruments  of  writing  for  the 
payment  of  money.7  If  drawn  in  Wisconsin,  but  dated  in 
Illinois,  and  is  between  citizens  of  Illinois,  it  is  an  inland  bill.8 

§  404.  A  check  is  a  written  order  to  a  bank  by  a  person 
having  money  on  deposit  there  desiring  them  to  pay  to  the 
person  named,  or  their  order  (or  bearer)  the  sum  of  money 
mentioned.  When  payable  to  order  it  requires  the  drawee's 
signature,  when  payable  to  bearer  it  requires  no  signature. 
The  drawer  is  the  maker.  The  drawee  is  the  one  to  whom  it 
is  payable.  Checks  should  be  presented  to  the  bank  without 
delay.  The  drawer  or  bank  might  fail,  or  the  drawer  check 
out  his  balance  in  bank.  A  certified  cheek  is  one  marked  by 
the  banker  "good"  when  presented.  Such  a  check  can  be 
presented  any  time  anywhere,  so  long  as  the  bank  is  good,  for 
the  bank  then  becomes  responsible  for  it.9 

It  is  a  bill  of  exchange  drawn  upon  a  bank  or  individual 
banker,  and  is  payable  on  demand.  It  is  not  a  check  if 
drawn  payable  in  the  future,  but  a  true  bill  of  exchange. 

3Bouvier's  Law  Dict'y.  ^Ind.  B 'k  v.  Bowes,  165  111.  70. 

*  Benjamin 's     Chalmers    Bills     p.  7  Bradley    v.    Moores,     4     111.     (2 

38.  Scam.)   182. 

5  Benjamin 's    Chalmers   Bills   and  8  Strawbridge  v.  Robinson,  10  111. 

notes,    p.    39;    Freeman's    Bank    v.  (5  Gil.)  470. 

Perkins,  18  Me.  292 ;  Mason  v.  Dou-  a  Byles  on  Bills  p.  20. 
Bay,  35  111.  424;  Dickens  v.  Beal,  10 
Peters   571. 

13 


194  NOTAEIES  PUBLIC. 

Its  parties  are  the  drawer,  who  makes  it;  the  payee,  the  one 
to  be  paid ;  the  drawee,  the  bank  on  which  it  is  drawn.  When 
the  payee  writes  his  name  on  its  back  he  is  the  indorser. 

A  check  imparts  a  payment,  not  a  loan.10 

When  a  check  is  sent  to  some  other  place  than  where  the 
bank  is  located  upon  which  it  is  drawn,  and  it  is  put  into  a 
bank  for  collection,  it  is  the  duty  of  the  bank  to  forward  it, 
in  proper  time,  to  a  sub-agent,  selected  with  due  care.  The 
bank  upon  which  it  is  drawn  is  not  a  suitable  agent  for  its 
collection.11 

§  405.     A  draft  is  an  inland  bill  of  exchange. 

§  406.  Promissory  note  defined. — Is  a  written  engagement 
by  one  person  to  pay  absolutely  and  unconditionally  to  an- 
other person  therein  named,  or  to  his  order,  or  to  the  bearer, 
a  certain  sum  of  money  at  a  specified  time,  or  on  demand,  or 
at  sight.12 

The  parties  to  a  promissory  note  are :  The  maker,  who 
makes  it;  the  drawee,  to  whom  it  is  payable;  the  indorser, 
who  writes  his  name  on  its  back. 

A  promissory  note  must  contain  on  its  face  an  express  prom- 
ise to  pay  money;  an  instrument  reading:  "I.  O.  U.  the  sum 
of  $17.00  for  value  received,"  signed  by  the  maker,  is  not  a 
promissory  note.13 

I.  PRESENTMENT  FOR  ACCEPTANCE. 

§  407.  An  acceptance  is  the  assent  in  due  form  by  the 
drawer  of  a  bill  of  exchange  to  the  order  of  the  drawer.  It 
may  be:  Mode — 1st.  In  writing  on  the  bill,  or  on  a  separate 
paper.  2nd.  Oral,  implied  from  acts  of  the  drawer.  3rd.  A 
written  or  verbal  promise  to  accept,  either  before  or  after  the 
existence  of  the  bill.  Time — Such  promise  must  be  made 
within  a  reasonable  time  before  or  after  the  issue  of  the  bill. 
It  must  specify  the  bill  to  be  drawn  so  as  to  distinguish  it 

io  Bernard  v.  Fee,  129  Mich.  429;  Y.)    484;    supported    by    Story    on 

citing  Downey  v.  Andrus,  43   Mich.  Promissory  Notes,   Sec.   1;   Chit,  on 

65.  Bills,  ed.  1839,  p.  548;  Cooledge  v. 

ii  Carson,    Pirie,    Scott    &    Co.    v.  Ruggles,   15   Mass.   387;    also   Klau- 

Fincher,  129  Mich.  687.  ber  v.  Biggerstaff,  47  Wis.  551. 

12  Hall   v.    Farmer,    5    Denio    (N.         is  Gay  v.  Rooke,  151  Mass.  115. 


NEGOTIABLE  INSTRUMENTS.  195 

from  any  other.    Promise — It  must  be  taken  by  the  holder  on 
the  faith  of  such  promise.14 

§  408.  What  should  be  presented  for  acceptance. — Present- 
ment for  acceptance  is  necessary  in  the  ease  of  a  bill  of  ex- 
change payable  at  or  after  sight.  In  other  cases,  in  the  ab- 
sence of  express  stipulation,  it  is  optional.15 

§  409.  Who  may  present. — Any  person  in  possession  of  a 
bill  of  exchange  may  present  it  for  acceptance.16 

§  410.  Time  for  presenting. — The  holder  of  a  bill  of  ex- 
change, payable  at  or  after  sight,  is  bound  either  to  negotiate 
it  away  or  to  present  it  for  acceptance  within  a  reasonable 
time.  If  he  omit  to  do  so,  the  drawer  and  prior  indorsers  are 
discharged.  If  payable  otherwise  it  may  be  presented  at  any 
time  before  maturity.17 

§  411.  To  whom. — It  must  be  made  to  the  drawee  person- 
ally, or  to  some  person  who  has  authority  to  accept  or  refuse 
acceptance  on  his  behalf.18 

§  412.  Manner. — An  oral  acceptance  in  Illinois  of  a  bill  of 
exchange  is  valid.19  It  is  usually  indicated  by  writing  across 
the  face  of  the  bill  the  word  "Accepted,"  adding  the  date 
and  party's  signature.  A  promise  in  writing  to  accept  a  bill 
of  exchange  will  not,  in  law,  amount  to  acceptance,  unless  the 
bill  was  taken  on  the  strength  of  the  letter.20  A  letter  writ- 
ten within  a  reasonable  time,  describing  a  bill  of  exchange 
and  promising  to  accept  it,  is,  if  shown  to  the  person  who 


i-i  Benjamin's    Chalmers    Bills    &  C,  pp.   153-55;   Strong  v.   King,   35 

Notes,    pp.    42,    43,    44;     Jones    v.  111.  9;  Pryor  v.  Bowman,  38  la.  92; 

Bank,  34  111.  313;  Scudder  v.  Bank,  Wallace    v.    Agry,    4    Mason    336; 

91    U.    S.    406;     Sturges    v.    Bank,  Walsh  v.  Dart,  23  Wis.  334. 

75  111.  595;   Nelson  v.  Bank,  48  111.  is  Benjamin's  Chalmers  B.   &   N., 

87;  Coffman  v.  Campbell,  87  111.  98;  p.  156;  Sharpe  v.  Drew,  9  Ind.  281. 

First  Nat.  B  'k  v.  Pettit,  41  111.  492.  i»  Scudder  v.  Union  Nat.  B  'k,  91 

is  Benjamin 's   Chalmers  B.   &   N.,  U.  S.  406. 

p    152;  supported  by  Waller  v.  Stet-  -°  MeEvers   v.   Mason   Hodgson   & 

son,  19  O.  S.  400;  Allen  v.  Suydam,  Co.,   10   Johns.   R.   207;    Goodrich   & 

20  Wend.  323.  DeF.    v.    Gordon,    15    Johns.    R.    6; 

i6  Benjamin's  Chalmers  B.   &   N.,  Mayhew    v.    Prince,    11    Mass.    54; 

p.  153;  Freeman  v.  Boynton,  7  Mass.  Parker   v.    Greele,    2   Wendell,    545; 

483.  Kennedy  v.  Geddes  &  Co.,  8  Porter 

"Benjamin's   Chalmers   B.    N.   &  (Ala.)  258. 


196  NOTARIES  PUBLIC. 

afterwards  takes  it  on  the  strength  of  the  letter,  a  virtual  ac- 
ceptance, binding  the  person  making  the  promise.21 

§  413.  Delay. — In  order  to  charge  the  indorser  on  a  note 
the  holder  must  use  due  diligence.22  Delay  of  more  than  a 
year  in  the  proper  presentation  of  a  draft  agreed  to  be  ac- 
cepted, is  unreasonable.23 

II.     PRESENTMENT  FOR  PAYMENT. 

§  414.  Presentment  for  payment. — The  date  of  the  note  is 
only  prima  facie  evidence  of  the  maker's  residence,  and  in  all 
eases  due  diligence  must  be  exercised  by  the  holder  to  discover 
the  maker's  residence.24  It  has  been  held  that  if,  after  the 
making  and  endorsement  of  the  note,  the  maker  absconds  or 
moves  out  of  the  State,  the  holder  is  not  bound  to  follow  him 
to  make  the  demand.25  If  he  subsequently  removes  to  another 
place  in  the  same  State,  reasonable  diligence  must  be  made  to 
discover  his  residence  and  make  demand  there.  It  seems  also 
that  if  the  maker  of  a  promissory  note  resides  and  has  his  dom- 
icile in  one  State,  and  actually  dates,  makes  and  delivers  it  in 
another  State,  it  will  be  sufficient  for  the  holder  to  demand 
payment  at  the  place  where  it  is  dated,  if  the  maker  cannot 
personally  upon  reasonable  inquiries  be  found  within  the 
State,  and  has  no  known  place  of  business  there.26  If  demand 
at  the  place  designated  in  the  contract  became  impossible,  as 
if  the  bank  has  ceased  to  exist,  then  demand  at  the  place  is  ex- 
cused. It  is  the  existence,  or  non-existence  of  the  bank,  as  a 
place  of  payment,  that  excuses  the  want  of  demand  at  that 
place;  and  not  the  state  of  its  assets,  nor  their  location,  nor 
the  amount  or  character  of  its  business.  When  a  particular 
place  of  payment  is  agreed  upon,  and  the  demand  is  not  ex- 
cused or  made  at  such  place,  no  personal  demand  of  the  maker 
can  in  any  way  fix  a  liability  on  the  endorser  of  the  paper 
sued  upon.  If  a  drawer  of  a  note  or  acceptor  of  a  bill,  having 
a  regular  place  of  business,  is  absent  from  it,  or  has  absconded 

21  Coolidge    v.    Payson,    2    Wheat.  24  3rd  Kent,  96. 

61 ;    Kennedy    v.    Geldes,    8    Porter         25  Andrews  v.  Drake,   14  Johnson, 

(Ala.)  263.  114. 

22Baer   v.    Lichten,    24   111.    App.         26  story's  Prom.  Notes,  Sec.   236, 

311.  citing  Hepburn  v.  Toledano,  10  Mar- 

23  First  Nat.  B'k  v.  Bensley,  2  F.  tin  (La.)  643. 
B.  609. 


NEGOTIABLE  INSTRUMENTS.  197 

before  the  day  of  payment,  or  if  his  house  be  closed,  notice  of 
such  fact  is  equivalent  to  notice  of  the  demand  and  dishonor 
of  the  paper.27 

Presentment  for  payment  of  a  check,  reasonable  time  for 
where  all  the  parties  reside  in  the  same  city  would  be,  until 
the  close  of  banking  hours  of  the  next  day  after  the  giving 
of  the  check.28 

§  415.  To  whom  demand  made. — Demand  may  be  made  of 
the  maker  of  the  note,  or  of  the  acceptor  of  the  bill,  or  of  their 
resident  agent  if  the  parties  themselves  cannot  be  conveniently 
reached.  The  maker  of  a  note  should  be  present  personally 
or  by  agent  at  the  place  of  payment,  prepared  to  make  the 
payment.  It  is  not  necessary  that  the  person  making  the 
presentment  should  be  personally  acquainted  with  the  party  in 
charge  where  the  paper  is  payable.29  In  the  absence  of  proof 
to  the  contrary  it  is  sufficient  to  show  a  demand  for  payment 
of  the  drawer  and  his  refusal.30  Bills  of  exchange  are  always 
dishonored  before  they  are  handed  to  a  notary  to  protest. 
The  presentment  and  demand  are  practically  of  no  moment  to 
anyone.  The  material  thing  is  notice  of  dishonor.31  Diligent 
search  must  be  made  for  the  maker  before  protest,  otherwise 
the  note  is  not  dishonored  and  the  indorsers  are  discharged 
from  liability.  If  payment  has  been  made  by  an  indorser 
under  a  notice  of  dishonor  he  is  entitled  to  recovery  and  in- 
terest as  damages  from  the  time  of  payment.32  No  demand  or 
notice  is  necessary  on  an  absolute  guaranty.33  Nor  when 
the  drawer  and  drawee  are  the  same.34 

§  416.  Time. — The  time  of  presentment  for  payment  of  a 
note  is  at  its  maturity  which  is  indicated  on  the  face  of  the 
note.  The  time  of  presentment  for  a  draft  is  likewise  indi- 
cated on  its  face.    The  holder's  neglect  to  present  for  payment 

-~  Bynum   v.   Apperson,   65    Tenn.  si  Commercial  B  'k  of  Ky.  v.  Var- 

632.  num,  49  N.  Y.  269,  citing  Chitty  on 

28  Brown  v.   Schintz,   98   111.  App.     Bills,  457  (13th  ed.). 

452,    citing   Bickford   v.   First    Nat.  32  Talbot  v.  Nat.  B'k  of  the  Com- 

B  'k,    42    111.    238 ;    Munn    v.   Burch,  monwealth,  129  Mass.  67. 

25  111.  35 ;  Gage  Hotel  Co.  v.  Union  33  City  S.  B  'k  v.  Hopson,  53  Conn. 

Nat.  B'k,  171  111.  531.  453. 

29  B  'k  of  Cooperstown  v.  Woods,  34  Kaskaskia  Bridge  Co.  v.  Shan- 
28  N.  Y.  561.  non,  1  Gil.  15. 

so  Hunt  v.  Maybee,  7  N.  Y.  266. 


198  NOTARIES  PUBLIC. 

at  maturity,  only  affects  his  remedy  against  the  drawer  in 
case  of  the  latter 's  insolvency  occurring  in  the  meantime, 
or  some  event  to  the  prejudice  of  the  drawer.35  Where  no 
time  is  specified,  the  law  implies  that  it  must  be  presented 
within  a  reasonable  time.  More  than  a  year  is  unreasonable.36 
In  case  of  non-payment,  notice  must  be  given  promptly  to  the 
drawer,  to  charge  him.  Reasonable  time  depends  on  peculiar 
facts  and  must  be  judged  accordingly.37  A  note  payable 
Feb.  1st,  1839,  presented  at  bank  and  protested  June  9,  1842, 
did  not  discharge  the  maker  in  the  absence  of  proof  that  he 
had  funds  there  at  the  appointed  day,  nor  that  he  has  sus- 
tained any  loss  or  injury  by  the  delay  in  presentment.38  In 
the  absence  of  statutory  provision  to  the  contrary,  a  bill  pre- 
sented for  payment  on  the  last  day  of  grace  is  presented  in 
proper  time.39 

§  417.  Hour. — It  may  be  presented  any  reasonable  hour  of 
the  day,  during  business  hours  at  the  place  of  business  or 
before  the  person  retires  for  rest  at  the  dwelling.  A  note 
presented  during  business  hours,  at  the  place  of  payment, 
and  payment  demanded,  which  the  maker  refused,  the  pro- 
testing being  made  on  the  same  day  was  not  premature.40 
When  not  presented  at  a  bank  it  may  be  presented  any  hour 
before  bed  time.41 

§  418.  Place. — If  not  indicated  on  the  instrument  where 
it  is  payable,  then  it  should  be  presented  at  the  party's  place 
of  business  during  his  business  hours.  If  they  have  no  place 
of  business,  then  at  the  dwelling,  or  wherever  they  can  be 
found.  No  formal  demand  is  necessary  where  the  bill  is  pay- 
able at  a  bank.42  Where  the  maker  and  indorser  of  a  bill 
of  exchange  reside  in  one  State  and  the  payment  is  to  be 
made  in  another  State,  the  parties  elect  to  make  the  bill  for- 
eign and  protest  must  be  made  where  it  is  payable.43     The 

35  Springfield  M.  &  F.  Ins.  Co.  v.  39  Cook  v.  Renick,  19  111.  598; 
Tincher,  30  111.  399.                                   Elsten  v.  Dewes,  28  111.  438 ;  Reese 

36  First   Nat.    Bk.     of    Lacon     v.      v.  Mitchell,  41  111.  365. 

Bensley,  2  F.  R.  609.  ■*<>  Guignon    v.    Union    T.    Co.,    53 

37  Montelius    v.     Charles,     76     111.      HI.  App.  581. 

303.  «  Skelton  v.  Dustin,  92  111.  49. 

38  Bradford  v.  Cooper,  1  La.  Ann.  42  Ning  v.  Beach,  31  111.  App.  78. 
325;  "Wallace  v.  McConnell,  13  « Warren  v.  Warren,  16  Me.  259. 
Peters,  136. 


NEGOTIABLE  INSTRUMENTS.  199 

notary's  protest  is  competent  evidence  of  its  non-payment. 
The  law  of  the  place  where  the  bill  is  payable  governs  as  to 
time  of  presentment  and  payment.44 

§  419.  Mode. — The  person  who  presents  a  bill  for  payment 
must  produce  it  and  must  be  ready  and  willing  to  deliver  it 
up  on  receiving  payment.  When  the  bill  is  not  produced,  but 
payment  is  refused  on  some  other  ground,  the  bill  is  deemed 
to  have  been  duly  presented.45 

§  420.  Excuse  for  delay. — An  impossibility  in  presenting 
for  payment  is  about  the  only  excuse  admissible.  The  inquiry 
will  always  be  whether,  under  the  circumstances,  due  diligence 
has  been  used.  These  circumstances  must  be  stated  in  the 
certificate,  that  the  court  and  jury  may  see  whether  there  has 
been  due  diligence.  There  must  appear  some  fact  to  excuse 
demand ;  as  that  the  maker  could  not  be  found  at  his  last 
place  of  business,  or  that  he  had  absconded,  left  the  State,  his 
place  of  residence  deserted,  or  that  the  endorser,  and  others 
likely  to  know,  had  been  inquired  of  and  could  not  tell,  or 
some  other  fact  as  recognized  in  the  books.  The  liability  of 
the  endorser  depends  upon  the  diligence  of  the  holder  in  de- 
manding payment  of  the  maker.  The  question  of  diligence 
is  one  of  law  and  fact,  to  be  determined  by  the  court  and  jury 
and  not  to  be  certified  by  the  notary.46 

§  421.  Dishonor. — A  bill,  check  or  note  is  dishonored  when 
refused  to  be  accepted,  or  paid  on  presentation.  The  drawer 
and  all  interested  parties  should  be  immediately  given  notice 
of  the  time,  place  and  reason.47 

§  422.  Noting. — Before  a  protest  for  dishonor  can  be  made, 
the  notary  himself,  unless  by  statute,  or  a  well-established 
custom,  a  deputy  is  authorized,  must  make  a  presentment  for 
acceptance  or  payment.  Then,  in  case  of  refusal,  it  is  his  duty 
to  "note"  the  fact,  at  the  time,  on  the  very  day  of  dishonor.48 

The  "noting"  consists  of  the  notary's  initials,  the  date,  and 
the  amount  of  the  noting  charges,  and  sometimes  a  statement 

44  Pierce    v.    Indseth,    106    U.    S.  47  Chitty  on  Bills,  256. 

546;  Wooley  v.  Lyon,  117  111.  244.  48  Proffatt  's     Notaries,     p.     267; 

45  Benjamin 's  Chalmers  B.  &  N.,  Daniel 's  Neg.  Inst.  "Vol.  2,  fourth 
p.   165.  ed.  p.  10. 

46  Coekrill   v.   Lowenstein   &   Bro., 
65   Tenn.   206. 


200  NOTARIES  PUBLIC. 

of  the  cause  of  dishonor,  e.  g.,  "no  effects,"  or  "no  advice," 
or  "no  account."  The  noting  is  usually  made  on  a  ticket  at- 
tached to  the  bill.49  This  is  done  to  charge  the  memory  of  the 
notary.    After  noting,  the  bill  is  then  protested.50 

III.     PROTEST. 

§  423.  Protest  is  a  notarial  act,  made  for  want  of  payment 
of  a  promissory  note,  or  for  want  of  acceptance  or  payment 
of  a  bill  of  exchange,  by  a  notary  public,  in  which  it  is  de- 
clared that  all  parties  to  such  instruments  will  be  held  re- 
sponsible to  the  holder  for  all  damages,  exchanges,  re-ex- 
changes, etc.51  The  term  is  not  applicable,  technically,  to 
promissory  notes,  but  by  general  usage  includes  all  acts  neces- 
sary by  law  to  charge  an  endorser.  In  business,  when  a  note 
is  said  to  be  protested,  something  more  is  understood  than  the 
official  declaration  of  a  notary,  a  request  by  an  indorser  to  the 
indorsees  "not  to  protest,  that  he  would  waive  the  necessity 
thereof,"  includes  all  acts  popularly  accepted  by  the  term. 
The  only  thing  necessary  for  the  indorsees  to  do  is  to  demand 
payment  of  the  maker  and  give  notice  to  their  indorser.52  It 
includes  all  that  is  necessary  to  hold  the  indorsers.53 

§  424.  Protest  is  to  charge  the  indorser. — The  protest  of  a 
foreign  bill  must  be  made  in  order  to  charge  the  drawer  or 
indorser,  unless  some  good  excuse  can  be  made  for  the  omis- 
sion; but  the  omission  to  allege  protest  in  an  action,  if  an 
objection  at  all,  is  only  one  of  form.  It  cannot  be  reached  by 
general  demurrer.54  The  protest  is  evidence  of  demand  and 
protest.55  This  is  the  formal  notice  to  the  world  of  the  dis- 
honor of  a  negotiable  instrument,  notice  of  which  is  sent  to 
each  and  every  party  interested,  either  as  maker,  drawer, 
indorser  or  acceptor  of  it.  The  statute  of  Illinois  defining 
the  duties  of  notary  public  "protests"  are  but  declaratory  of 
their  duties  in  this  State  upon  the  subject.58  No  authority 
is  given  by  statute  to  any  notary  to  certify  a  fact  independent 

49  Benjamin 's   Chalmers   B.  &   N.  52  Coddington   v.   Davis,   1    N.   Y. 

p.   177;    Chitty   on  Bills,   333  (11th      186. 
Am.  ed.).  53  City  S.  Bk.  v.  Hopson,  53  Conn. 

so  Bailey   v.    Dozier,    6   How.    23;      453. 

Dennistoun    v.     Stewart,     17  How.  54  Hart  v.  Otis,  41  111.  App.  43. 

607.  55  Dickens  v.  Beal,  10  Peters,  571. 

siBouvier's  Law  Dicty.  56  Skelton  v.  Dustin,  92  111.  49. 


NEGOTIABLE  INSTRUMENTS.  201 

of  the  protest.57  A  notary's  protest  of  commercial  papers 
must  be  made  on  his  own  knowledge  of  the  facts,  and  not  on 
hearsay.58  It  must  be  necessary  in  order  to  fix  the  indorser's 
liability,  otherwise  he  cannot  be  subjected  to  costs  of  pro- 
test.59 

§  425.  What  should  be  protested. — Any  negotiable  instru- 
ments are  subject  to  protest.  An  inland  bill  need  not  be  pro- 
tested.60 

§  427.  Place  of. — The  law  of  the  place  where  the  notes  are 
payable  govern  as  to  time  and  mode  of  presentment  for  pay- 
ment, manner  of  process  and  giving  of  notice.61  Where  pay- 
ment is  demanded  at  the  place  the  note  is,  by  its  terms,  to  be 
paid,  other  demand  upon  the  maker  is  not  required.62  The 
notary's  certificate  of  protest  is  presumptive  evidence  of  pre- 
sentment during  the  proper  business  hours.  These,  except 
where  the  paper  is  due  from  a  bank,  for  the  purpose  of  pre- 
senting a  note  or  bill  for  payment,  range  until  bed  time  in  the 
evening.63 

§  428.  By  whom. — A  notarial  certificate  of  protest  stating 
that  the  presentment  and  demand  was  made  by  the  notary, 
when  it  was  made  by  his  clerk,  voids  the  certificate.64  The 
protest  must  be  made  by  a  notary  public  or  other  person  au- 
thorized to  act  as  such.65  Where  protest  is  necessary,  the 
notary  must  present  the  bill  in  person,  unless  power  has  been 
given  to  him  to  substitute  another  in  his  place  or  where  custom 
warrants  a  presentment  by  deputy.66  The  law  presumes  that 
the  holder  of  a  negotiable  instrument  acquired  it  without  notice 
of  anything  to  impeach  his  title.  The  title  of  a  bona  fide 
holder  for  value  on  accepted  draft  indorsed  in  blank,  is  not 
affected  by  the  fact  that  the  party  from  whom  he  received  it, 


57  Whitman    etc.    v.    Farmers    Bk.  62  Guignon  v.  Union  T.  Co.,  53  111. 
of    Chattahooehie,    8    Porter    (Ala.)  App.   581. 

258.  63  Skelton  v.  Dustin,  92  111.  49. 

58  Williamson    v.    Turner,    2    Bay  Gi  Gowtry  v.  Doane,  51   N.  Y.  84. 
(S.  C.)  410.  «s  Benjamin's    Chalmers    Bills    & 

ss  McKay  v.  Hinman,  13  Neb.  33.  Notes,  p.  177. 

so  Smith  v.  Curlee,  59  111.  221.  66  Mechem  's  P.  O.  Sec.  704;  Com. 

«iWooley   v.   Lyon,    117    111.    244;  Bank    v.    Varnum.    49    N.    Y.    269; 

Pierce  v.  Indseth,  106  U.  S.  546.  Cribbs  v.  Adams,  13  Gray,  597. 


202  NOTARIES  PUBLIC. 

before  its  maturity,  had  possession  of  it  for  certain  purposes 
and  misappropriated  it.67 

§  429.  Form. — The  protest  should  contain :  First.  An  ex- 
act copy  of  the  bill,  or  the  bill  itself  annexed.  Second.  A 
statement  of  the  parties  for  whom  and  against  whom  the  bill 
is  protested.  Third.  The  date  of  protesting  and  the  date 
where  protest  is  made.  Fourth.  A  statement  that  acceptance 
or  payment  was  demanded  by  the  notary ;  the  terms  of  the 
answer,  if  any;  or  a  statement  that  no  answer  was  given, 
or  that  the  drawee  or  acceptor  could  not  be  found.  Fifth.  A 
reservation  of  rights  against  the  party  liable.  Sixth.  The 
subscription  and  seal  of  the  notary  making  the  protest.  A 
protest  may  be  in  duplicate  or  triplicate.68 

§  430.  Foreign  bill. — A  foreign  bill  of  exchange  should  be 
noted  for  protest  on  the  day  that  it  is  dishonored.  When  a 
foreign  bill  of  exchange  is  dishonored  it  must  be  duly  pro- 
tested for  non-acceptance  or  non-payment,  as  the  case  may  be, 
in  order  that  the  holder  may  preserve  his  right  of  recourse 
against  the  drawer  and  indorsers.  When  the  acceptor  of  a 
bill  of  exchange  becomes  bankrupt  before  its  maturity  it  may 
be  protested  for  better  security.69 

§  431.  Statement  of  facts. — A  statement  of  the  facts  in 
connection  with  a  notary's  protest  cannot  vitiate  a  protest 
otherwise  properly  made.  A  necessary  statement  or  averment, 
well  stated,  is  not  weakened  or  in  any  manner  affected  by  the 
statement  of  facts  not  necessary  to  be  stated.70 

§  432.  Record  is  prima  facie  evidence. — The  statute,  mak- 
ing a  notary's  record  of  the  protest  of  bills  which  he  is  re- 
quired to  keep,  or  a  certified  copy  thereof,  prima  facie  evidence 
of  the  facts  therein  stated,  applies  to  all  bills,  both  domestic 
and  foreign.  Such  record  or  copy  is  prima  facie  evidence  of 
demand  of  payment  of  the  drawee,  and  of  notice  of  dishonor 
to  the  drawer.     It  is  liable,  however,  to  be  rebutted  by  other 

67  Collens    v.    Gilbert,    94    U.    S.  eg  Benjamin 's    Chalmers    Bills    N. 

753;    Shaw    v.   Ry.    Co.,    101    U.    S.  etc.,    pp.    178-80;     Ocean    Bank    v. 

563;   Brown   v.   Sheppard,   95  U.   S.  Williams,    102    Mass.    141;    Jaccard 

481;  Soloy  v.  Bank,  39  La.  Ann.  90.  v.  Anderson,  37  Mo.  91. 

es Benjamin's  Chalmers  B.  &  N.  70 Reapers  Bank  v.  Willard,  24  111. 

177.  439. 


NEGOTIABLE  INSTRUMENTS.  203 

competent  evidence.71  A  certificate  of  protest  by  a  notary 
of  another  State,  under  the  notary's  seal,  is  prima  facie  evi- 
dence that  the  act  had  been  done  by  him.72  In  the  case  of  in- 
land bills  of  exchange,  the  notarial  protest  is  not  evidence 
of  a  demand  of  payment  on  the  drawee  nor  of  notice  of  non- 
payment to  the  drawer.73  The  notarial  certificate  of  protest 
is  not  evidence  of  that  fact.74  A  notarial  certificate  of  protest 
under  seal  is  good  on  mere  production.75 

§  433.  Notary — Signature. — A  note  protested  by  Wm.  H. 
Scudder  Jr.,  and  signed  Wm.  H.  Scudder,  sworn  to  by 
Wm.  H.  Scudder  Jr.,  does  not  justify  the  inference 
that  two  different  persons  officiated  in  the  protest.76 
Under  the  civil  law  the  signature  alone  of  the  notary 
was  sufficient  without  the  seal.  Many  English  writers  mention 
only  the  signature.  The  protest  is  said  to  be  a  part  of  the  con- 
stitution of  a  foreign  bill  of  exchange.  The  form  is  governed 
by  the  lex  loci  contractus  (where  the  contract  was  made)  and 
when  required  cannot  be  dispensed  with.  When  the  protest, 
or  authenticated  copies,  is  to  be  received  in  evidence,  the  lex 
fori  (court  where  received)  governs.77  Courts  take  judicial 
notice  of  the  law  merchant,  which  prevails  throughout  the 
United  States,  except  in  States  where  it  is  so  far  modified  by 
statute.  A  notarial  protest  is  known  under  that  law,  and  it 
requires  no  witnesses  in  conjunction  with  the  notary.  His 
act,  certified  by  his  signature  and  official  seal,  suffices.78 

§  434.  Protesting  national  bank  notes. — Whenever  any  na- 
tional banking  association  fails  to  redeem  in  the  lawful  money 
of  the  United  States  any  of  its  circulating  notes,  upon  demand 
of  payment  duly  made  during  the  usual  hours  of  business,  at 
the  office  of  such  association,  or  at  its  designated  place  of  re- 
demption, the  holder  may  cause  the  same  to  be  protested,  in 

7i  Montelius    v.    Charles,     76    111.  Indseth,   106  U.   S.   546;   Browne  v. 

S03.  Phila.  Bk.,  6  S.  &  R.  484;  Townsley 

72  Fletcher  v.  Ark.  Nat.  Bk.,  62  v,  Sumivall,  2  Pet.  170;  Carter 
Ark.   265.  v.  Burley,  9  N.  H.  558,  566. 

73  Kaskaskia  Bridge  Co.  v.  Shan-  76  Guignon  v.  Union  T.  Co.,  53  111. 
non,  1  Gil.  15.  App.  581. 

74  McAllister  v.  Smith,  17  111.  328.  «  Bank   of   Rochester   v.    Gray,    2 

75  So   held   in   Johnson   v.   Brown,  Hill   (N.  Y.)   227. 

154  Mass.  105;  supported  by  Porter  78  Bradford  v.  Cooper,  1  La.  Ann. 
v.  Johnson,   1   Gray,   175;   Pierce   v.      325. 


204  NOTAEIES  PUBLIC. 

one  package,  by  a  notary  public,  unless  the  president  or  cashier 
of  the  association  whose  notes  are  presented  for  payment,  or  the 
president  or  cashier  of  the  association  at  the  place  at  which  they 
are  redeemable,  offers  to  waive  demand  and  notice  of  the  protest 
and  in  pursuance  of  such  offer,  makes,  signs  and  delivers  to  the 
party  making  such  demand  an  admission  in  writing,  stating 
the  time  of  the  demand,  the  amount  demanded,  and  the  fact 
of  the  non-payment  thereof.  The  notary  public,  on  making 
such  protest  or  upon  receiving  such  admission,  shall  forthwith 
forward  such  admission  or  notice  of  protest  to  the  comptroller 
of  the  currency,  retaining  a  copy  thereof.  If  any  satisfactory 
proof  is  produced  to  the  notary  public  that  the  payment  of  the 
notes  demanded  is  restrained  by  order  of  any  court  of  com- 
petent jurisdiction,  he  shall  not  protest  the  same.  When  the 
holder  of  any  notes  causes  more  than  one  note  or  package  to 
be  protested  on  the  same  day,  he  shall  not  receive  pay  for 
more  than  one  protest.79 

After  a  default  on  the  part  of  an  association  to  pay  any 
of  its  circulating  notes  has  been  ascertained  by  the  comptrol- 
ler, and  notice  (if  forfeiture  of  the  bonds  thereof)  has  been 
given  by  him  to  the  association,  it  shall  not  be  lawful  for  the 
association  suffering  the  same  to  pay  out  any  of  its  notes,  dis- 
count any  notes  or  bills,  or  otherwise  prosecute  the  business 
of  banking,  except  to  receive  and  safely  keep  money  belonging 
to  it,  and  to  deliver  special  deposits.80 

Where  no  stipulation  for  interest  is  made  in  the  note  it  can 
only  be  allowed  from  the  time  of  protest.81 

IV.     NOTICE  OF  PROTEST. 

§  435.  Notice. — It  is  not  the  notice  of  demand  and  non- 
payment that  fixes  the  liability  of  the  indorser,  it  is  the  fact 
of  such  presentment  and  dishonor  and  notice.  On  a  foreign 
bill,  the  notarial  protest  and  seal  is  evidence  of  the  fact,  but 
in  case  of  a  promissory  note  it  is  not  (unless  in  case  of  the 
removal  or  death  of  the  notary)  ;  the  demand  and  refusal  must 
be  proved  by  other  evidence.82     A  demand  of  payment  and 

79  U.  S.  Rev.  Stat.  1878,  Sec.  5226.  82  Barkalow  v.  Johnson,   16  N.  J. 

so  U.  S.  Rev.  Stat.  Sec.  5228.  397. 

si  Bradford  v.  Cooper,  1  La.  Ann. 
325. 


NEGOTIABLE  INSTRUMEiNTS.  205 

notice  to  the  indorser  is  sufficient  to  charge  the  indorser. 
Waiving  the  necessity  of  protest  by  the  indorser  dispenses 
with  both.    Notice  may  be  written  or  verbal.83 

§  436.  Form  of  notice. — No  particular  phrase  or  form  is 
necessary.  The  object  of  it  is  to  inform  the  party  to  whom 
it  is  sent :  First,  that  the  bill  or  note  has  been  presented ; 
second,  that  it  has  been  dishonored  by  non-acceptance,  or  non- 
payment; and,  third,  that  the  holder  considers  him  liable,  and 
looks  to  him  for  payment.  And  in  framing  the  notice,  all  that 
is  necessary  to  apprise  the  party  of  the  dishonor  of  the  in- 
strument is  to  intimate  that  he  is  expected  to  pay  it.  It  should 
comprise,  first,  a  sufficient  description  of  the  bill  or  note  to 
ascertain  its  identity ;  second,  that  it  has  been  duly  presented 
for  acceptance  or  payment  to  the  drawee,  acceptor  or  maker; 
third,  that  it  has  been  dishonored  by  non-acceptance  or  non- 
payment; fourth,  that  the  holder  looks  to  the  party  notified 
for  payment.84  The  notary's  name  may  be  printed  at  the 
foot  of  the  notification.85  A  notice  sufficiently  descriptive  to 
perfectly  identify  a  note  in  mind,  without  knowledge  of  others 
of  same  tenor  and  date,  is  sufficient.86  No  precise  form  of 
words  is  necessary  in  giving  notice.  The  terms  used  must  be 
expressed  or  implied,  sufficiently  to  identify  the  note,  that 
payment  of  it  on  due  presentment  has  been  neglected  or  re- 
fused by  the  maker.87 

It  is  not  necessary  to  state  that  the  note  was  presented  for 
payment,  or  that  the  holder  looks  to  the  endorser,  this  may  be 
made  to  appear  by  implication.88 

A  single  seal  to  several  certificates  of  a  notary's  is  suffi- 
cient ;  he  may  certify  to  each  act  separately  and  by  one  certifi- 
cate verify  them  all.  If  it  be  under  his  hand  and  seal  of  office 
it  is  sufficient.  It  is  unimportant  where  the  seal  is  affixed.  He 
is  not  required  to  certify  to  the  sealing.89 

83  Coddington  v.  Davis,  1  N.  Y.  8e  Bank  of  Cooperstown  v.  Woods, 
186;   Cayuga  Co.  Bk.  v.  Warden,  1      28  N.  Y.  561. 

N.  Y.  413.  87  Cayuga   Co.   Bk.   v.   Warden,    1 

84  Daniels'  Neg.  Inst.  4th  ed.  p.  N.  Y.  413;  Same,  6  N.  Y.  19;  Cook 
34;  Mills  v.  Bank,  11  Wheaton,  431;      v.  Litchfield,  9  N.  Y.  279. 

Gilbert  v.  Dennis,  3  Met.  495.  ss  Burgess   v.   Vreeland,   24  N.   J. 

85  Bk.   of   Cooperstown   v.   Woods,      71. 

28  N.  Y.  561 ;  Sussex  Bk.  v.  Bald-  89  Oleott  v.  Tioga  R.  E.  Co.,  27  N. 
•win,  17  N.  J.  487.  Y.  546. 


206  NOTARIES  PUBLIC. 

§  437.  Description  of  instrument. — The  notice  should  de- 
scribe the  bill  or  note  in  unmistakable  terms.  Should  state 
where  the  note  is,  that  the  party  notified  may  find  it;  should 
state  who  the  holder  is,  and  who  gives  the  notice,  or  at  whose 
request  it  is  given.  The  object  of  the  law  in  requiring  a 
correct  description  in  the  notice  to  the  drawer  or  indorser  is 
that  he  may  be  put  upon  notice  of  the  extent  of  his  liability, 
and  placed  in  possession  of  the  material  facts  necessary  to 
enable  him  to  secure  the  liability  of  others  over  to  him.9a 
Name  of  maker  must  be  stated.91 

§  438.  To  whom  notice  given. — When  a  bill  is  dishonored, 
due  notice  of  dishonor,  unless  excused,  is  a  condition  prece- 
dent to  the  liability  of  the  drawer  or  any  indorser  thereof.92 
Notice  should  be  sent  to  all  the  parties  meant  to  be  held  liable 
for  payment.93  Each  indorser  of  a  bill  or  note  is  entitled  to 
notice,  and  so  also  is  the  drawer  of  a  bill  payable  to  a  third 
party,  as  bills  generally  are.  The  acceptor  of  a  bill  and  the 
maker  of  a  note  are  not  entitled  to  notice,  they  being  the 
primary  debtors;  nor  are  those  who,  from  their  irregular  exe- 
cution of  the  instrument,  are  adjudged  joint  makers  or  sureties, 
their  contract  being  to  pay  in  default  of  the  principal  at  all 
events.94  When  an  indorser  becomes  bankrupt  and  assigns, 
notice  of  protest  to  his  assignee  will  bind  such  indorser.95 
In  Illinois  the  maker  and  indorsers  of  every  bill,  note  or  writ- 
ten instrument  protested  must  be  notified.96  A  primary 
debtor,  not  an  endorser,  is  not  entitled  to  notice  of  dishonor  of 
a  note.97  Notice  of  refusal  to  pay  must  be  given  to  the  drawer, 
where  he  has  or  expects  funds  in  the  hands  of  the  drawee, 
for  the  protection  of  both.98  Failure  to  promptly  present  a 
check  for  payment  and  to  promptly  notify  the  drawer  of  its 
non-payment   does  not   discharge   the   drawer  unless   he   has 

»o  Daniels'   Neg.   Inst.   4th   ed.   p.  »*  "Walker  v.  Rogers,  40  111.  278. 

34 ;    Howland    v.    Adams   v.    Vroom,  95  Am.  Nat.  Bk.  v.  Junk  Bros.,  94 

30  X.  J.  41.  Tenn.  624. 

»i  Home  Ins.   Co.   v.  Green,   19   N.  ™  s.    &   C.    111.    Anno.    Stat.    1896, 

Y.  518.  p.  2818. 

92  Benjamin 's   Chalmers   B.    &   N.  97  Guignon    v.    Union    T.    Co.,    53 

p.  182;   Kupfer  v.  Galena  Bank,  34  111.  App.  581. 

111.   328;    Walker  v.   Rogers,   40  111.  »»  Kupfer  v.  Galena  Bank,  34  111. 

278;  Wood  v.  Surrells,  89  111.  107.  328;   Welch  v.   Taylor  Mfg.  Co.,  82 

»3  Daniels  Neg.  Inst.  p.  46.  HI.  579. 


NEGOTIABLE  INSTRUMENTS.  207 

suffered  some  loss  or  injury  thereby.1  A  bill  of  exchange  must 
be  presented  to  the  drawee  within  a  reasonable  time,  and  where 
payment  is  refused,  notice  must  be  given  promptly  to  the 
drawer,  otherwise  he  cannot  be  held  liable.2  Where  a  bill  in- 
dorsed by  a  partnership  is  dishonored,  notice  to  either  of  the 
late  partners  is  sufficient  to  bind  all.3  Where  there  are  several 
successive  indorsers,  the  holder  may,  and  ordinarily  does,  give 
notice  to  all,  with  a  view  to  preserve  his  recourse  upon  all. 
But  he  is  not  bound  to  give  notice  to  all,  in  order  to  bind  those 
to  whom  he  does  give  it.  He  may,  if  he  please,  give  notice  to 
any  one  or  more  of  the  indorsers,  who  are  then  made  liable 
to  him;  and  the  indorser  receiving  notice  must  then  notify 
antecedent  indorsers  in  order  to  assure  himself.  It  is  not, 
therefore,  necessary  for  the  notary  to  take  any  notice  of  the 
residence  of  the  maker  of  the  note,  or  make  any  inquiry  as  to 
the  residence  of  any  of  the  endorsers  except  the  last.4 

If  the  party  entitled  to  notice  be  dead,  and  this  is  known 
to  the  holder,  notice  should  be  sent  to  his  executor  or  admin- 
istrator. The  address  should  be  to  such  party  by  name.  To 
one  of  several  executors,  or  administrators,  is  sufficient.5 
Notice  to  agent  is  notice  to  the  principal.6  Notice  to  the  as- 
signor of  an  instrument  need  not  be  given  by  the  assignee  to 
charge  the  assignor.7 

§  439.  Who  may  give  notice.— It  is  not  necessary  that  a 
notary  should  make  presentment,  or  give  the  notice  of  protest ; 
an  agent  having  parol  authority  or  the  possession  of  the  paper 
is  sufficient.  A  notary  cannot  delegate  his  power  to  protest.8 
Notice  must  be  given  by  the  holder  or  one  of  the  parties 
thereto;  a  stranger  is  not  sufficient.  An  agent  of  either  may 
give  it,  but  in  doing  so  he  acts  for  his  principal,  although  he 


i  Ind.  Bk.  v.  Bowes,  165  111.  70.  ■*  Daniels »  Neg.   Inst.,   4th   ed.   p. 

2  Industrial  Bk.  v.  Bowes  Jr.,  165  53. 

111.  70;  Montelius  v.  Charles,  76  111.  »  Daniels'   Neg.   Inst.,   4th  ed.   p. 

303;   Bickford  v.  First  Nat.  Bk.  of  59;   Mass.  Bank  v.  Oliver,  10  Cush. 

Chi.,  42  111.  238.  557;  Beals  v.  Peek,  12  Barbour,  245. 

3  Hubbard  v.  Matthews,  54  N.  Y.  e  Iglehart  v.  Gibson,  56  111.  81. 
43 ;   supported  by  Brown  v.  Turner,  i  State    Bk.    v.    Hawley,    1    Seam. 
15  Ala.  U.  S.  832;   Coster  v.  Thorn-  (111.)    580;    Harding    v.    Dilley,    60 
ason,  19  Ala.  U.  S.  717;  Slocomb  v.  111.  528. 

Lizardi,   21  La.  Ann.  355;   Gates  v.  s  Hunt  v.   Maybee,   7   N.   Y.   266; 

Beecher,  60  N.  Y.  518.  Cole  v.  Jessup,  10  N.  Y.  96. 


208  NOTARIES  PUBLIC. 

may  be  a  notary  acting  in  his  official  character.9  The  circum- 
stances which  excuse  demand  do  not  relieve  the  holder  from 
giving  due  notice  to  the  indorser,  if  like  circumstances  do  not 
intervene  to  prevent  that  also.  Mere  personal  knowledge  by 
the  indorser  will  not  dispense  with  notice.10  It  is  usual  for  the 
holder  only  to  give  notice  to  the  person  from  whom  he  im- 
mediately received  the  bill  or  note,  especially  if  he  is  ignorant 
of  the  residence  of  the  other  parties,  his  neglect  to  give  notice 
cannot  deprive  either  of  the  others  of  the  right  to  proceed 
against  the  person  who  indorsed  to  him,  provided  he  in  his 
turn  has  duly  forwarded  notice.11  Each  party  to  a  bill  or  note, 
whether  by  indorsement  or  mere  delivery,  has,  in  all  cases, 
until  the  day  after  he  has  received  notice  to  give  or  forward 
notice  to  his  prior  indorser.12  It  should  emanate  from  the 
holder  at  the  time  of  its  dishonor.13  If  the  holder  be  dead, 
notice  may  be  given  by  his  personal  representative.14 

§  440.  Manner  of  giving  notice. — The  notice  need  not  be 
in  writing;  it  is  sufficient  if  it  be  given  verbally;  but  for  pre- 
cision and  safety  written  notice  is  preferable.  Mere  knowl- 
edge of  dishonor  does  not  constitute  notice.  When  the  fact  is 
communicated  it  is  then  to  be  inferred  that  the  intention  is  to 
hold  the  party  notified  responsible.15  Notice  must  be  in  writ- 
ing in  Illinois.16  It  must  be  personal  if  parties  reside  in  same 
town.  Otherwise  notice  by  mail  is  sufficient.17  Depositing 
notice  in  a  street  P.  0.  box  is  the  same  as  in  the  postoffice.18 
Notice  sent  to  the  indorser 's  place  of  business,  and  there  re- 
mailed  to  his  residence  by  his  bookkeeper,  duly  stamped,  with 
return  card  on  envelope,   and  sent  to  the  postoffice  by  the 

a  Lawrence    v.    Miller,    16    N.    Y.  258;  Mass.  Bank  v.  Oliver,  10  Cush. 

235.  557;  Cayuga  Bk.  v.  Bennett,  5  Hill, 

io  Lane  v.  Bank  of  W.  Tenn.,  65  236. 

Tenn.  419.  15  Daniels '   Neg.   Inst.,  4th  ed.  p. 

nChitty  on  Bills,  520;   Whitman  33. 

v.  Hubbard,  8  Porter,  Ala.  258.  «  Starr  &  Curtis'  Anno.  Stat,  of 

12  Whitman   etc.   v.   Farmers'   Bk.  111.,  1896  Ed.,  p.  2818. 

of    Chattahoochie,    8    Porter    (Ala.)  «  Shepard  v.   Hall,   1   Conn.   329; 

258.  Hartford   Bk.   v.   Stedman,   3   Conn. 

i3  Daniels'     Neg.     Inst.,     p.     46;  489. 

Cromer    v.    Piatt,     37     Mich.     132;  is  Johnson   v.   Browne,   154   Mass. 

Bank  of  Utica  v.  Smith,   18   Johns.  105;   supported  by  Skilbeck  v.  Gar- 

230.  bett,   72  B.   846;   Pearce  v.  Longfit, 

i*  White    v.    Stoddard,    11    Gray,  101  Pa.  St.  507. 


NEGOTIABLE  INSTRUMENTS.  209 

office  boy,  as  customary  with  the  daily  mail,  is  sufficient,  al- 
though never  received  by  the  indorser.19  Notice  left  at  the 
room  where  indorser  does  business  and  receives  mail,  although 
he  is  often  absent  for  some  time,  is  sufficient.20  If  left  at  the 
indorser's  office  in  a  conspicuous  place  it  is  sufficient.21  Where 
the  indorser  has  no  regular  place  of  residence  which  the  rea- 
sonable diligence  of  the  holder  can  enable  him  to  discover,  the 
law  dispenses  with  giving  regular  notice.22  When  the  in- 
dorser resides  at  the  place  of  presentment  and  dishonor  of  the 
note  the  notice  must  be  served  on  him  personally,  or  left  at 
his  dwelling  or  place  of  business  if  he  has  one  there.23  And 
no  particular  form  of  words  is  necessary,  but  such  as  to  convey 
notice  of  dishonor  and  a  description  of  the  bill  showing  the 
facts  of  refusal  to  accept  or  pay  upon  presentment  at  the 
right  time  and  place.24  It  is  not  incumbent  on  the  indorser 
to  show  the  holder  where  the  maker  is  to  be  found,  so  that  he 
may  make  a  demand  on  the  maker,  when  no  application  is  made 
to  him  by  the  holder.25  If  facts  exist  which  render  a  notice 
uncertain  or  equivocal,  and  the  knowledge  of  these  facts  are 
confined  to  the  indorser,  or  is  not  brought  home  to  the  holder 
of  the  paper,  the  notice  is  sufficient  to  charge  the  indorser.26 
The  giving  of  notice  is  no  part  of  the  province  or  duty  of  a 
notary.27  If  the  indorser  resides  out  of  the  State  it  may  be 
mailed  to  his  place  of  business  or  where  he  receives  his  mail.28 
If  addressed  to  the  indorser  and  left  at  the  postoffice  where  he 
is  postmaster  it  is  sufficient.29  If  the  parties  are  not  to  be 
found  at  their  place  of  business  it  may  be  left  at  their  residence 
with  any  one  residing  in  the  family,  providing  the  party  him- 
self is  not  at  home.30     If  sent  by  mail  it  must  be  properly 


is  Swampscott  Mach.   Co.  v.  Rice,  24  Bynum   v.   Apperson,    65    Tenn. 

159  Mass.  404.  632. 

20  Lamkin   v.    Edgerly,    151   Mass.  25  Lane    v.    Bk.    of    W.    Tenn,    65 
348.  Tenn.  419. 

21  Hobbs     v.     Strawe,     149  Mass.  20  Bk.   of   Cooperstown   v.   Woods, 
212.  28  N.  Y.  545. 

22  Hunt  v.  Maybee,  7  N.  Y.  266.  27  Bk.  of  Rochester  v.  Gray,  2  Hill, 

23  Van   Vechten   v.   Pruyn,    13   N.  N.  Y.  227. 

Y.    549;    supported    by    Ireland    v.  28  Wooley  v.  Lyon,  117  111.  244. 

Kip,    10    Johns,     490;     Ransom     v.  29  Cook  v.  Renick,  19  HI.  598. 

Mack,  2  Hill,  587;   Shelden  v.  Ben-  30  Blakely  v.  Grant,  6  Mass.  386; 

ham,   4   Hill,   129;    Smedes  v.   Bank  Adams    v.    Wright,     14    Wis.    408; 

of  Utica,  20  Johns,  372.  John  v.  Bank,  57  Ala.  96. 

14 


210  NOTAEIES  PUBLIC. 

addressed  to  the  party  at  a  distance.  It  should  be  directed 
to  the  postoffice  at  or  nearest  to  the  party's  place  of  residence 
or  place  of  business.31  The  main  thing  is  to  show  that  notice 
was  received  by  the  proper  person  within  proper  time.  A 
notice  stating  that  it  had  been  given  in  writing,  of  the  de- 
mand, non-payment  and  protest  to  the  indorsers  and  left  at 
their  offices  is  sufficient.32  Where  the  parties  reside  in  the 
same  town  a  notice  left  at  the  place  of  business  of  the  individ- 
ual is  sufficiently  described  as  the  office  of  the  party.33 

§  441.  Time. — Notice  of  protest  must  be  sent  within  a  rea- 
sonable time ;  it  must  be  shown  by  whom  notice  was  sent  and 
the  time  of  depositing  in  the  mail.34  Notice  on  the  day  the 
note  was  protested  is  not  too  soon,  it  must  be  given  on  the 
next  day,  or  placed  in  the  postoffice,  to  be  sent  by  the  next 
mail.35  On  the  removal  of  the  impediment,  preventing  the 
giving  notice,  the  holder  must  give  notice  of  the  dishonor 
within  a  reasonable  time.36  By  presentment  on  the  day  of 
maturity  and  giving  notice  of  dishonor  the  liability  of  the 
drawer  of  an  inland  bill  is  fixed.37  It  is  the  duty  of  the  holder 
to  give  immediate  notice  to  the  drawer  if  it  be  a  bill,  and  to 
the  indorser  whether  it  be  a  bill  or  note.  The  party  primarily 
liable  is  not  entitled  to  notice,  for  it  was  his  duty  to  have  pro- 
vided for  payment  of  the  paper ;  and  the  fact  that  he  is  maker 
or  acceptor  for  accomodation  does  not  change  the  rule.  Notice 
is  not  due  to  any  party  to  a  bill  or  note  not  negotiable.38  As 
soon  as  the  demand  is  made  and  the  dishonor  has  occurred, 
the  holder  need  not  wait  until  the  close  of  business  hours  to 
send  notice.  He  is  not  obliged  to  give  notice  on  the  very  day 
of  dishonor;  he  has  the  option  until  the  expiration  of  the  fol- 
lowing day.39     Each  successive  party  who  receives  notice  is 

si  Daniels'     Neg.     Inst.,     p.     77;  36Bynum   v.   Apperson,  65   Tenn. 

Sherman    v.    Clark,    3    McLean,    91;  632. 

Bank    of    Columbia   v.   Lawrence,    1  37  Wood  v.  Surrells,  89  111.  107. 

Peters,  578.  38 Daniels'   Neg.   Inst.,  4th  ed.  p. 

32  Curry  v.  Bk.  of  Mobile,  8  Por-  30;  Farmers'  Bk.  v.  Durrall,  7  G. 
ter,  Ala.  360.  &  J.  78;  King  v.  Crowell,  61  Me.  244. 

33  Curry  v.  Bk.  of  Mobile,  8  Por-  39  Daniels'  Neg.  Inst.,  4th  ed.  pp. 
ter,  Ala.  360.  90-91 ;  Bank  of  Alexandria  v.  Swan, 

34  Apple  v.  Lesser,  93  Ga.  749.  9  Peters,  33;   Adams  v.  Wright,   14 

35  Curry  v.  Bk.  of  Mobile,  8  Por-  Wis.  498 ;  Haskell  v.  Boardman,  S 
ter,  Ala.  360.  Allen,  38 ;  Carter  v.  Burley,  9  X.  IT. 

558. 


NEGOTIABLE  INSTRUMENTS.  211 

entitled  to  a  full  day  to  transmit  it  to  any  antecedent  party 
who  is  chargeable  over  to  him  upon  payment  of  the  bill  or 
note.40  It  is  immaterial  whether  the  indorser  receives  notice 
so  long  as  he  is  properly  served.  The  rights  of  a  holder  of  a 
note  are  not  affected  if  the  notice  does  not  reach  the  indorser. 
Due  diligence  in  serving  him  notice  is  sufficient.41  A  note 
falling  due  on  Saturday,  the  last  day  of  grace,  and  protested 
on  that  day,  notice  need  not  be  given  until  the  following 
Monday;  the  indorser  has  until  the  day  following  to  give  no- 
tice to  the  previous  indorsers.42  When  parties  reside  in  differ- 
ent places,  diligence  consists  in  sending  notice  by  the  first  mail 
of  the  day  of  protest.43  It  must  be  placed  in  the  postoffice 
in  time  to  go  by  mail  of  the  day  following  the  day  of  dishonor. 
It  is  necessary  to  show  positively  that  the  notice  was  deposited 
in  time  for  the  mail  of  the  day  following.44  If  sent  by  mail, 
it  may  be  sent  on  the  day  following  the  third  day  of  grace.45 
A  written  notice  to  the  indorser,  properly  mailed,  though  never 
received  by  him,  is  due  diligence.46 

§  442.  Notice  necessary  to  indorsers. — In  order  to  fix  the 
liability  of  indorsers  to  a  promissory  note  they  must  be 
promptly  notified  that  demand  had  been  made  of  the  maker 
and  payment  refused,  and  that  the  holder  looks  to  them  for 
payment.47  Diligence  is  required  of  the  holder  to  ascertain 
where  the  indorser  or  maker  can  be  found  and  advise  the 
notary.  Where  the  estate  of  a  deceased  person  is  sufficient  to 
pay  all  claims,  the  failure  by  a  holder  of  decedent's  note  to 
file  the  same  as  a  claim  against  the  estate  will  operate  to  re- 
lease a  surety  thereon.48  The  circumstances  which  in  the  law 
merchant  will  excuse  the  demand  and  notice  necessary  to 
charge  an  indorser,  are  such  as  amount  in  themselves,  to  a 

40  Daniels '  Neg.  Inst.,  p.  96 ;  How-         45  Sussex   Bk.    v.   Baldwin,    17   N. 

haul  v.  Adams,  30  N.  J.  41.  J.  487;    Howland   v.   Adrian,   30   N. 

-uGawtry  v.  Doane,  51  N.  Y.  84;  J.  41;   Woodruff  v.  Daggett,   20  N. 

Dickens  v.  Beal,  10  Peters  571.  J.  526. 

42  Farmers '  Bk.  of  Bridgeport  v.  46  Washington  Banking  Co.  v. 
Vail,  21  N.  Y.^485;  Hendershot  v.  King,  9  N.  J.  45;  Ferris  v.  Saxton, 
Neb.  Nat.  Bk.,  25  Neb.  127;  Phelps  4  N.  J.  1. 

v.  Stocking,  21  Neb.  443.  47  Lawrence    v.    Miller,    16    N.    Y. 

43  Dickens  v.  Beal,  10  Peters  571.  235. 

44  Burgess  v.  Vreeland,  24  N.  J.  49  Waughop  v.  Bartlett,  165  111. 
71;     State    Bank    of    Elizabefh    v.  124. 

Avers,  7  N.  J.  130. 


212  NOTARIES  PUBLIC. 

dishonor  of  the  paper  by  operation  of  law.  They  are  such  as 
impose  a  moral  or  physical  impossibility  to  make  the  demand 
with  the  exercise  of  that  prudent  and  diligent  forecast  and 
attention  that  a  prudent  man  would  use  in  relation  to  his  own 
affairs,  or  the  absence  of  all  necessity  for  demand,  superin- 
duced by  the  changed  condition  or  relation  of  the  parties.49 
Adding  the  word  ' '  Memphis ' '  under  his  name,  by  the  indorser, 
may  be  held  as  an  implied  direction  to  give  notice  through 
the  postoffice  at  Memphis.50  Every  joint  indorser  is  entitled 
to  notice.51  Demand  and  notice  by  the  notary  is  sufficient.52 
A  person  having  contracted  to  assume  the  liability  of  indorser, 
he  cannot  be  held  as  a  guarantor.53 

§  443.  Delay. — Negligence  in  sending  notice  of  protest  is 
no  excuse.  If  the  indorser  fails  to  receive  notice  he  is  dis- 
charged from  liability  unless  the  holder  shows  he  has  used 
due  diligence  in  his  efforts  to  find  him.  Where  this  can  be 
shown,  however,  it  is  immaterial  that  the  notice  does  not  reach 
the  indorser.54  An  indorser  who  has  changed  his  residence 
without  the  knowledge  of  the  holder  is  bound  by  notice  sent 
to  his  former  place  of  residence,  if  the  holder  is  not  guilty  of 
negligence  in  his  failure  to  have  knowledge  of  the  change.55 

§  444.  Failure  to  notify. — Failure  to  notify  the  indorser 
not  only  discharges  him  as  a  party  to  the  note,  but  also  a 
debtor  upon  the  original  consideration,  though  it  be  secured 
by  a  mortgage  or  deed  of  trust.56  The  reputed  insolvency  of 
the  maker  of  a  note  is  no  excuse  for  not  sending  notice  to  the 
indorser.57 

§  445.  Excuses  for  non-notice. — Notice  of  dishonor  is  dis- 
pensed with — (1)  When  the  drawer  or  indorser  sought  to  be 

49  Lane    v.    Bk.    of    W.    Tenn.,    9  55  Am.  Nat.  Bk.  v.  Junk,  94  Tenn. 

Heisk.   (Tenn.)  419.  624;    Bk.    of    Utica    v.    Phillips,    3 

so  Tomeny    v.    The    German    Nat.  Wend.  408 ;  Eequa  v.  Collins,  51  N. 

Bk.,  9  Heisk.  (Tenn.)  493.  Y.   148;    Harris  v.   Memphis  Bk.,   4 

si  Shepard    v.    Hawley,    1    Conn.  Hum.  518. 

367.  ee Daniels'  Neg.  Inst.,  4th  ed.,  p. 

52  Hartford   Bank   v.    Stedman,    3  32;  Fitchburg  Ins.  Co.  v.  Davis,  121 

Conn.  489.  Mass.    121;     Benjamin's    Chalmers, 

53Milligan    v.    Holbrook,    68    111.  183;   Miers  v.  Brown,   11   M.   &  W. 

App.  631.  372. 

54  Am.    Nat.    Bk.    v.    Junk    Bros.  57  Oliver  v.  Munday,  2  N.  J.  982 ; 

Lumber  &  Mfg.  Co.,  94  Tenn.  624.  Snyder  v.  Findley,  1  N.  J.  78. 


NEGOTIABLE  INSTRUMENTS.  213 

charged  is,  as  between  the  parties  to  the  bill,  the  principal 
debtor,  and  has  no  reason  to  expect  that  it  will  be  honored  on 
presentment.  (2)  As  regards  the  drawer,  when  drawer  and 
drawee  are  the  same  person,  or  identical  in  interest.  (3) 
When  the  drawer  or  indorser  sought  to  be  charged  is  the  per- 
son to  whom  the  bill  is  presented  for  payment.  (4)  When 
the  drawee  is  a  fictitious  person,  or  (perhaps)  a  person  not 
having  capacity  to  contract,  and  the  drawer  or  indorser 
sought  to  be  charged  was  aware  of  the  fact  at  the  time  he  drew 
or  indorsed  the  bill.  (5)  When  the  drawer  or  indorser  sought 
to  be  charged  has  received  an  assignment  of  all  the  property 
of  the  acceptor  as  security  against  his  liability.  (6)  When, 
after  the  exercise  of  reasonable  diligence,  notice  of  dishonor 
cannot  be  given  to  or  does  not  reach  the  party  sought  to  be 
charged.  (7)  By  waiver  express  or  implied.58  A  letter  mis- 
directed, when  information  is  readily  obtained,  cannot  be 
excused.59 

§  446.  Knowledge  by  drawer  and  indorser. — The  fact  that 
a  drawer  or  indorser  of  a  bill  knows  that  it  has  been  dishon- 
ored does  not  dispense  with  the  necessity  for  giving  him  notice 
of  dishonor.60  Proof  of  notice  of  non-payment  is  unneces- 
sary.61 The  law  of  New  York,  requiring  proof  of  notice  by 
certificate,  applies  only  to  the  notaries  of  that  State.  The 
seal  of  foreign  notaries  impressed  upon  some  adhesive  sub- 
stance must  accompany  the  certificate.62 

§  447.  Notary's  certificate  as  evidence. — To  destroy  the 
effect  of  the  certificates  of  the  notary  as  presumptive  evidence, 
the  party  must  positively  deny  a  receipt  of  the  notice.  An 
affidavit  denying  receipt  upon  information  and  belief,  will  not 
answer  the  requirements  of  the  statutes  and  cannot  be  treated 
as  an  affidavit.63 

The  Michigan  statutes  do  not  permit  to  be  received  as  evi- 
dence the  certificate  of  a  notary  public  notice  of  non-accept- 
ance or  non-payment  in  any  case  in  which  a  defendant  shall 

58 Benjamin's  Chalmers,  p.  198.  si  Bradf or  v.  Cooper,  1  La.  Ann. 

59  Patterson  Bk.  v.  Butler,  12  N.     325. 

J.  238.  ,  62  Bank  of  Rochester  v.  Gray,   2 

60  Benjamin's    Chalmer's    Bills    &     Hill  (N.  Y.)  227. 

Notes,    p.    182;    Juniata    Bank    v.         63  Gawtrey  et  al.  t.  Doane,  51  N. 
Hale,  16  Serg.  &  Rawle,  157;  Lane     Y.  84. 
v.  Bank,  9  Heisk.  419. 


214  NOTARIES  PUBLIC. 

annex  to  his  plea  an  affidavit  denying  the  fact  of  having  re- 
ceived such  frotice.64 

§  448.     Waiver  is  the  relinquishment  of  a  right. 

An  acceptor's  liability  can  only  be  discharged  by  payment, 
or  other  satisfaction,  by  release  or  by  waiver.65  One  who  in- 
dorses a  promissory  note,  inserting  over  his  signature  a  waiver 
of  demand  and  notice,  is  not  entitled  to  any  demand  and 
notice.66 

A  drawer  waives  notice  of  protest  when  he  promises  to  pay 
a  bill  which  the  drawee  had  refused  to  pay.67  Where  an  en- 
dorser of  a  note  received  effect  from  the  maker,  to  the  amount 
of  the  note,  before  it  became  due,  he  waived  his  right  to  no- 
tice.68 A  note  payable  at  a  bank,  the  indorser  waives  notice 
of  protest.69 

§  449.  Waiver  of  notice,  etc. — A  neglect  on  the  part  of  the 
drawer  to  provide  funds  in  the  hands  of  the  drawee,  to  meet 
the  bill,  amounts  to  a  waiver  of  notice  of  protest.70  The  pre- 
sentation of  the  bill  at  maturity  may  be  waived  by  agree- 
ment.71 An  indorser  may  waive  demand  and  notice  by  express 
words,  or  by  implication  of  acts  or  conduct.72 

§  450.  Liability  of  drawer  or  indorser. — The  drawer  of  a 
bill  of  exchange  engages  that  on  due  presentment  it  shall  be 
accepted  and  paid  according  to  its  tenor,  and  that  if  it  be  not 
so  accepted  and  paid  he  will  indemnify  the  holder,  provided 
due  notice  of  dishonor  be  given.  Any  person  who  signs  a 
negotiable  bill  otherwise  than  as  drawer  or  acceptor,  prima 
facie  incurs  the  liability  of  an  indorser.  Except  an  indorse- 
ment by  way  of  receipt.  The  indorser  of  a  bill  is  in  the  nature 
of  a  new  drawer.  The  indorser  of  commercial  paper  is  entitled 
to  notice  of  protest  and  non-payment ;  if  no  notice  is  received  by 
him  he  is  not  liable  thereon.73  The  drawer  or  indorser  of  a 
dishonored  bill  is  liable  for  damages  at  the  following  rates : 
(1)     Inland  bill.     The  amount  of  the  bill  with  interest  from 

64  Sexton  v.  Perrigo,  126  Mich.  69  Pres.,  Direc.  &e  of  Birkshire 
542.  Bk.  v.  Jones,  6  Mass.  524. 

65  Byles  Bills,  315.  to  Brower  v.  Rupert,  24  111.  182. 

66  8  Cush.   (Mass.)  157.  "  Curtiss  v.  Martin,  20  111.  557. 

67  Byles  Bills,  264.  72  Sheldon    v.    Horton,    43    N.    Y. 

68  Corney  v.  Da  Costa,  1  Esp.  303.  93. 

73  Apple  v.  Lesser,  93  Ga.   749. 


NEGOTIABLE  INSTRUMENTS.  215 

(probably)  the  time  of  dishonor.  (2)  Foreign  bill  of  ex- 
change. The  amount  of  the  bill  with  interest  from  the  time 
of  dishonor,  and  the  notarial  expenses,  or  if  it  be  payable 
abroad,  the  re-exchange,  interest  and  expenses.  Re-exchange 
means  the  loss  resulting  from  the  dishonor  of  a  bill  of  ex- 
change in  a  country  different  from  that  in  which  it  was  drawn 
or  indorsed.74  A  corporation  is  liable  as  indorser  on  commer- 
cial paper  where  notices  of  protest  are  addressed  to  it  in  its 
corporate  name.75  In  the  absence  of  special  agreement  suc- 
cessive indorsers  on  an  accomodation  note  of  a  third  person  are 
liable  in  the  same  order  as  indorsers  for  value.76 

A  promissory  note  signed  by  the  maker  through  fear  of 
violence,  snatched  and  carried  away  against  his  will,  is  not 
validly  delivered.77 

A  blank  endorsement  on  a  note  above  or  below  that  of  the 
payee  renders  the  indorser  liable  prima  facie  as  maker.78 

§  451.  Liability  of  drawee  and  acceptor. — When  the  drawee 
breaks  his  contract  with  the  drawer  by  dishonoring  his  draft, 
the  consequences  reasonably  resulting  from  the  breach  of  con- 
tract constitute  the  measure  of  damages.  The  acceptor  of  a 
bill  of  exchange  who  dishonors  it  is  liable  for  (1)  the  amount 
of  the  bill  with  interest  (a)  from  the  maturity  thereof  if  the 
bill  be  payable  on  a  day  certain,  or  (b)  from  the  time  of  pre- 
sentment for  payment  if  the  bill  be  payable  on  demand.  (2) 
As  special  damage,  the  notarial  expenses  consequent  on  dis- 
honor, and  (perhaps)  the  loss  on  re-exchange  incurred  by  an 
indorser  who  has  taken  up  or  paid  the  bill.79 

§  452.  Liability  of  indorsers.— If  the  holder  of  a  note  sends 
it  to  a  bank  or  other  agent  for  collection  it  is  sufficient  to  hold 
prior  indorsers  if  the  agent  gives  notice  of  the  dishonor  in 
due  time  to  his  principal,  and  if  he  without  delay  transmits 
notice  to  the  prior  indorser.80     An  indorser  on  a  note  in  the 

"*  Benjamin's     Chalmers,     B.     &         79  Benjamin's  Chalmers,   pp.    211 
N.,  pp.  218-224.  217,  218;   Ilsley  v.  Jones,  12  Gray^ 

75  Am.  Nat.  Bank  v.  Junk  Bros.,     260. 

94  Tenn.  624.  so  Lynn   Nat.    Bk.    v.    Smith,    132 

76  Moore    v.    Cushing,    162    Mass.  Mass.    227,    supported    by    Colt    v. 
594;  Shaw  v.  Kjiox,  98  Mass.  214.  Noble,  5  Mass.  167;  Church  v.  Bar- 

77  Palmer  v.  Poor,   121   Ind.   135.  low,   9   Pick.   547;    True   v.    Collins, 

78  Nat.    Bk.    of   Bellows    Falls    v.  3  Allen,  438;   Eagle  Bk.  v.  Hatba- 
Dorset  Marble  Co.,  61  Vt.  106.  way,  5  Met.  212. 


216  NOTAEIES  PUBLIC. 

firm's  name,  subsequently  dissolved,  cannot  deny  the  existence 
of  the  firm  in  order  to  save  himself  from  liability.  A  dissolu- 
tion of  partnership  has  respect  to  the  future  only.  The  parties 
remain  bound  for  all  antecedent  engagements.81 

A  note  presented  to  the  drawer  when  due,  by  the  agent  of  the 
holder,  is  sufficient  to  hold  the  indorser.82 

The  indorser  of  an  accommodation  note  is  responsible  for  the 
payment,  when  taken  in  good  faith  for  value  by  a  bank.83 

Successive  indorsers  of  an  accommodation  note  for  a  third 
party  are  liable  in  the  same  order  as  indorsers  for  value,  in 
the  absence  of  special  agreement.84 

Where  the  indorser  signs  a  paper  waiving  demand,  protest 
and  notice  of  a  note,  he  is  an  original  promiser  and  not  en- 
titled to  notice.85 

§  453.  Liability  of  holder. — Where  a  check  instead  of  being 
presented  for  payment  in  due  course,  is  transferred  and  cir- 
culates through  several  hands,  it  is  conceived  that  there  is  a  dis- 
tinction between  the  time  of  presentment  necessary  as  against 
the  original  drawer,  in  the  event  of  the  banker's  insolvency, 
and  the  time  necessary  to  charge  the  person  from  whom  the 
check  was  received.86 

§  454.  Liability  of  bank. — The  doctrine  was  established  in 
New  York  at  an  early  period  and  has  since  been  maintained, 
that  a  bank  receiving  negotiable  paper  for  collection,  in  the 
absence  of  an  express  agreement  or  recognized  custom  limiting 
its  liability,  stands  in  the  attitude  of  an  independent  con- 
tractor, and  that  if,  in  the  course  of  the  performance,  it  em- 
ploys a  notary  to  present  the  paper  for  payment  and  give  the 
proper  notice  to  charge  the  parties,  the  notary  is  the  agent 
of  the  bank,  and  not  of  the  depositor  or  owner  of  the  paper. 
The  bank  is  therefore  liable  for  his  negligence.  The  same  rule 
formerly  prevailed  in  Louisiana  and  South  Carolina,  but  has 
since  been  overruled.  It  appears  to  be  approved  in  Indiana, 
and  is  unqualifiedly  in  New  Jersey.     It  is  also  approved  in 

si  Hubbard    v.    Matthews,    54    N.         «*  Moore    v.    Cushing,    162    Mass. 

Y.  43.  594. 

82Ewen   t.    Wilbor,   99   111.   App.         85  State  Trust  Co.  v.  Owen  Paper 

132.  Co.,  162  Mass.  156. 

83  Agawam  Nat.  Bk.  T.  Downing,  Rr,  Byles  on  Bills,  21. 

169  Mass.  297. 


NEGOTIABLE  ENSTBUMENTS.  217 

Kansas.  But  the  weight  of  authority  is  believed  to  be  that  if 
the  bank  exercises  due  can-  in  the  selection  of  a  competent  no- 
tary, it  is  not  liable  for  his  neglect  in  the  performance  of  the 
duty  entrusted  to  him.  Where,  however,  the  bank  employs  a 
notary  by  the  year,  and  takes  from  him  a  bond  for  the  faith- 
ful discharge  of  his  duties,  he  is  to  be  regarded  as  an  officer 
of  the  bank,  and  the  bank  will  be  liable  for  his  negligence  or 
default.87 

A  bank  receiving  commercial  paper  for  collection,  by  plac- 
ing it  in  the  hands  of  a  notary  public  for  protest,  is  not  liable 
for  failure  of  the  notary  to  perform  his  duty,  under  the  code 
of  Mississippi.  The  liability  rests  upon  the  notary  and  his 
sureties.88  If  no  loss  is  sustained  by  reason  of  a  notary's 
defective  protest,  no  damages  can  be  claimed  against  him.89 

§  455.  Liability  of  notary. — A  notary  is  liable  for  loss  oc- 
casioned for  his  failure  to  make  protest  when  it  is  required. 
He  is  liable  when  he  neglects  to  give  proper  notice  to  all  parties 
entitled  to  notice  of  dishonor.  His  position  is  the  same  as  an 
agent  in  any  other  line.  He  can  be  held  liable  for  mistakes, 
negligence  and  due  diligence.  He  is  liable  for  negligence  in 
presenting  or  protesting  negotiable  papers.90 

Recovery  cannot  be  had  against  a  notary  for  negligent  omis- 
sion to  give  notice  of  protest  to  an  indorser  where  the  holder 
could  but  would  not  resort  to  other  grounds  for  charging 
the  latter.91 

§  456.  Days  of  grace.— Are  extra  days  (usually  three)  al- 
lowed the  drawer  or  maker  of  a  bill  of  exchange  or  promissory 
note  in  which  to  meet  the  payment.     They  originated  in  the 

87Meehem's     Agency,     See.     514;  Wend.   321;    Exchange   Nat.   B 'k   v. 

supported   by   Ayrault    v.   Bank,    47  Third  Nat.  Bank  of  N.  Y.,  112  U.  S. 

N.  Y.  570;  Allen  v.  Merchants  Bank,  276;  Warren  Bank  v.  Parker,  8  Gray. 

22   Wend.   215;   Bank   of  Lindsberg  221;    Bowling    v.    Arthur,    34    Miss, 

v.  Ober,  31  Kas.  599;  Bird  v.  Bank,  41;   Dorchester  &  M.   Bank   v.   New 

93  U.  S.  96.  Eng.  Bank,  55  Mass.  177;  First  Nat. 

ss  Tiernan  v.  Com  '1  Bank  of  Nat-  B  'k  of  M.  v.  German  Bk.,  44  L.  E. 

chez,  7  How.    (Miss.)   648;   Bowling  A.   733. 
v.  Arthur,  34  Miss.  41.  si  Sutherland 's  Damages,  Sec.  90; 

89  Franklin    v.    Smith,    21    Wend,  supported  by  Franklin  v.  Smtih.   21 

624.  Wendell    (N.   Y.)    624;    Emerling  v. 

aoMechem's  P.  O.,  Sec.  704;  sup-  Graham,  14  La.  Ann.  289. 
ported     by     Allen     v.     Suydam,     20 


218  NOTARIES  PUBLIC. 

distance  of  travel  consuming  delay  in  presentation.  They  are 
being  abolished  in  most  of  the  United  States  as  unnecessary, 
owing  to  rapid  transit,  telegraph  and  telephone  communica- 
tion. 

The  law  of  the  place  of  payment  must  govern  as  to  whether 
days  of  grace  are  allowed  on  commercial  paper.92  It  is  pre- 
mature to  bring  an  action  on  a  promissory  note  on  the  last  day 
of  grace.93  An  instrument  drawn  payable  at  a  future  date  is 
treated  as  a  bill  of  exchange  and  is  entitled  to  days  of  grace. 
These  are  being  abolished  in  most  states  as  useless. 

§  457.  Legal  holidays. — If  a  bill  falls  due  on  a  Sunday  or 
legal  holiday,  if  entitled  to  grace,  it  is  deemed  to  be  due  on  the 
preceding  day;  if  not  entitled  to  grace,  it  is  deemed  to  be 
due  on  the  succeeding  day.  The  computation  of  time  is  deter- 
mined by  the  law  of  the  place  of  payment  if  shown.  In  reck- 
oning the  twenty-four  hours,  non-business  days  must  be  ex- 
cluded.94 

§  458.  Uniform  negotiable  instrument  law. — The  following 
is  a  revision  of  the  English  Bills  of  Exchange  Act  of  1882,  with 
such  changes  as  adapt  it  to  the  existing  American  law.  It  was 
prepared  by  a  committee  of  the  American  Bar  Association. 
It  has  already  been  adopted  by  one-half  the  states  of  our 
Union. 

GENERAL  PROVISIONS. 

Definition. — This  act  shall  be  known  as  the  Negotiable  Instruments 
Law.  In  this  act,  unless  the  context  otherwise  requires:  "Acceptance" 
means  an  acceptance  completed  by  delivery  or  notification.  ' '  Action ' ' 
includes  counter-claim  and  set-off.  "Bank"  includes  any  person  or  as- 
sociation of  persons  carrying  on  the  business  of  banking,  whether  incor- 
porated or  not.  "Bearer"  means  the  person  in  possession  of  a  bill  or 
note  which  is  payable  to  bearer.  "Bill"  means  bill  of  exchange  and 
"note"  means  negotiable  promissory  note.  "Delivery"  means  transfer 
of  possession,  actual  or  constructive,  from  one  person  to  another.  "Hold- 
er" means  the  payee  or  indorsee  of  a  bill  or  note,  who  is  in  possession  of 
it,  or  the  bearer  thereof.  "Indorsement"  means  an  indorsement  com- 
pleted by  delivery.  "Instrument"  means  negotiable  instrument.  "Is- 
sue" means  the  first  delivery  of  the  instrument,  complete  in  form   to 

oaSkelton  v.  Dustin,  92  HI.  49.  94  City    Bank    v.    Cutler,    3    Pick. 

93  Bowen  v.  Newell,  8  N.  Y.  190 ;  414 ;  Avery  v.  Stewart,  2  Conn.  69 ; 

id.,  13  N.  Y.  290;  Weisinger  v.  First  Salter  v.  Burt,   20  Wend.   205. 
Nat.  B'k,  106  Mich.  291. 


NEGOTIABLE  INSTRUMENTS.  219 

a  person  who  takes  it  as  a  holder.  "Person"  includes  a  body  of  per- 
sons, whether  incorporated  or  not.  "Value"  means  valuable  considera- 
tion. "Written"  includes  printed,  and  "writing"  includes  print. 
THE  PERSON  "PRIMARILY"  LIABLE  on  an  instrument  is  the 
person  who  by  the  terms  of  the  instrument  is  absolutely  required  to 
pay  the  same;  all  other  parties  are  "secondarily"  liable.  REASON- 
ABLE TIME — In  determining  what  is  a  "reasonable  time"  or  an 
"unreasonable  time,"  regard  is  to  be  had  to  the  nature  of  the  instru- 
ment, the  usage  of  trade  or  business  (if  any)  with  respect  to  such 
instruments,  and  the  facts  of  the  particular  case.  TIME  COMPUTED — 
Where  the  day,  or  the  last  day,  for  doing  any  act  herein  required  or 
permitted  to  be  done  falls  on  Sunday  or  on  a  holiday,  the  act  may  be 
done  on  the  next  succeeding  secular  or  business  day.  APPLICATION 
— The  provisions  of  this  act  do  not  apply  to  negotiable  instruments 
made  and  delivered  prior  to  the  passage  hereof.  LAW  MERCHANT — 
In  any  case  not  provided  for  in  this  act  the  rules  of  the  law  merchant 
shall   govern. 

TITLE    I. 

NEGOTIABLE    INSTRUMENTS    IN    GENERAL. 

ARTICLE    I. 

FORM    AND    INTERPRETATION. 

Section  1.  Form — An  instrument  to  be  negotiable  must  conform  to 
the  following  requirements:  (1)  It  must  be  in  writing  and  signed  by 
the  maker  or  drawer,  (2)  must  contain  an  unconditional  promise  or 
order  to  pay  a  sum  certain  in  money,  (3)  must  be  payable  on  demand, 
or  at  a  fixed  or  determinable  future  time,  (4)  must  be  payable  to 
order  or  to  bearer,  and  (5)  where  the  instrument  is  addressed  to  a 
drawee,  he  must  be  named  or  otherwise  indicated  therein  with  reason- 
able certainty. 

Sec.  2.  The  sum  payable  is  a  sum  certain  within  the  meaning  of 
this  act,  although  it  is  to  be  paid,  (1)  with  interest,  or  (2)  by  stated 
installments,  or  (3)  by  stated  installments,  with  a  provision  that  upon 
default  in  payment  of  any  installment  or  of  interest,  the  whole  shall 
become  due,  or  (4)  with  exchange,  whether  at  a  fixed  rate  or  at  the 
current  rate,  or  (5)  with  costs  of  collection  or  an  attorney's  fee,  in 
case  payment   shall   not  be   made   at   maturity. 

Sec.  3.  An  unqualified  order  or  promise  to  pay  is  unconditional, 
within  the  meaning  of  this  act,  though  coupled  with  (1)  an  indication 
of  a  particular  fund  out  of  which  reimbursement  is  to  be  made,  or  a 
particular  account  to  be  debited  with  the  amount,  or  (2)  a  statement 
of  the  transaction  which  gives  rise  to  the  instrument.  But  an  order  or 
promise  to  pay  out  of  a  particular  fund  is  not  unconditional. 

Sec.  4.  An  instrument  is  payable  at  a  determinable  future  time, 
within  the  meaning  of  this  act,  which  is  expressed  to  be  payable,  (1) 
at  a  fixed  period  after  date  or  sight,  or  (2)  on  or  before  a  fixed  or 
determinable    future    time    specified    therein,    or    (3)    on   or    at    a   fixed 


220  NOTAKIES  PUBLIC. 

period  after  the  occurrence  of  a  specified  event,  which  is  certain  to 
happen,  though  the  time  of  happening  be  uncertain.  An  instrument 
payable  upon  a  contingency  is  not  negotiable,  and  the  happening  of 
the   event   does   not   cure   the   defect. 

Sec.  5.  Additional  provision  not  affecting  negotiability — An  instru- 
ment which  contains  an  order  or  promise  to  do  any  act  in  addition  to 
the  payment  of  money  is  not  negotiable.  But  the  negotiable  character 
of  an  instrument  otherwise  negotiable  is  not  affected  by  a  provision 
which  (1)  authorizes  the  sale  of  collateral  securities  in  case  the  in- 
strument be  not  paid  at  maturity,  or  (2)  authorizes  a  confession  of 
judgment  if  the  instrument  be  not  paid  at  maturity,  or  (3)  waives 
the  benefit  of  any  law  intended  for  the  advantage  or  protection  of 
the  obligor,  or  (4)  gives  the  holder  an  election  to  require  something 
to  be  done  in  lieu  of  payment  of  money.  But  nothing  in  this  section 
shall   validate    any   provision    or    stipulation    otherwise   illegal. 

Sec.  6.  Ommissions;  seal;  particular  money— The  validity  and  nego- 
tiable character  of  an  instrument  are  not  affected  by  the  fact  that  (1) 
it  is  not  dated,  or  (2)  does  not  specify  the  value  given,  or  that  any 
value  has  been  given  therefor,  or  (3)  does  not  specify  the  place  where 
it  is  drawn  or  the  place  where  it  is  payable,  or  (4)  bears  a  seal,  or 
(5)  designates  a  particular  kind  of  current  money  in  which  payment 
is  to  be  made.  But  nothing  in  this  section  shall  alter  or  repeal  any 
statute  requiring  in  certain  cases  the  nature  of  the  consideration  to 
be  stated  in  the  instrument. 

Sec.  7.  Payable  on  demand — An  instrument  is  payable  on  demand, 
(1)  where  it  is  expressed  to  be  payable  on  demand,  or  at  sight,  or  on 
presentation,  or  (2)  in  which  no  time  for  payment  is  expressed.  Where 
an  instrument  is  issued,  accepted,  or  indorsed  when  overdue,  it  is, 
as  regards  the  person  so  issuing,  accepting,  or  indorsing  it,  payable  on 
demand. 

Sec.  8.  Payable  to  order — The  instrument  is  payable  to  order  where 
it  is  drawn  payable  to  the  order  of  a  specified  person  or  to  him  or  his 
order.  It  may  be  drawn  payable  to  the  order  (1)  a  payee  who  is  not 
maker,  drawer,  or  drawee,  or  (2)  the  drawer  or  maker,  or  (3)  the 
drawee,  or  (4)  two  or  more  payees  jointly,  or  (5)  one  or  some  of  several 
payees,  or  (6)  the  holder  of  an  office  for  the  time  being.  Where  the 
instrument  is  payable  to  order  the  payee  must  be  named  or  otherwise 
indicated  therein  with  reasonable  certainty. 

Sec.  9.  Payable  to  bearer — The  instrument  is  payable  to  bearer 
(1)  when  it  is  expressed  to  be  so  payable,  or  (2)  when  it  is  payable 
to  a  person  named  therein  or  bearer,  or  (3)  when  it  is  payable  to  the 
order  of  a  fictitious  or  non-existing  person,  and  such  fact  was  known 
to  the  person  making  it  so  payable,  or  (4)  when  the  name  of  the 
payee  does  not  purport  to  be  the  name  of  any  person,  or  (5)  when  the 
only  or  last  indorsement  is  an  indorsement  in  blank. 

Sec.  10.  Language — The  instrument  need  not  follow  the  language 
of  this  act,  but  any  terms  are  sufficient  which  clearly  indicate  an 
intention   to   conform   to  the   requirements  hereof. 

Sec.  11.     Date — Where  the  instrument  or  an  acceptance  or  any  in- 


NEGOTIABLE  INSTEUMENTS.  221 

dorsement  thereon  is  dated,  such  date  is  deemed  prima  facie  to  be  the 
true  date  of  the  making,  drawing,  acceptance,  or  indorsement,  as  the 
case  may  be. 

Sec.  12.  Post  dated — The  instrument  is  not  invalid  for  the  reason 
only  that  it  is  antedated  or  postdated,  provided  this  is  not  done  for  an 
illegal  or  fraudulent  purpose.  The  person  to  whom  an  instrument  so 
dated  is  delivered  acquires  the  title  thereto  as  of  the  date  of  delivery. 
Sec.  13.  Undated;  holder  may  insert  date — Where  an  instrument 
expressed  to  be  payable  at  a  fixed  period  after  date  is  issued  undated, 
or  where  the  acceptance  of  an  instrument  payable  at  a  fixed  period 
after  sight  is  undated,  any  holder  may  insert  therein  the  true  date 
of  issue  or  acceptance,  and  the  instrument  shall  be  payable  accord- 
ingly. The  insertion  of  a  wrong  date  does  not  avoid  the  instrument  in 
the  hands  of  a  subsequent  holder  in  due  course;  but  as  to  him,  the 
date  so  inserted  is  to  be  regarded  as  the  true  date. 

Sec.  14.  Blanks  may  be  filled  by  holder — "Where  the  instrument  is 
wanting  in  any  material  particular,  the  person  in  possession  thereof 
has  a  prima  facie  authority  to  complete  it  by  filling  up  the  blanks 
therein.  And  a  signature  on  a  blank  paper  delivered  by  the  person 
making  the  signature,  in  order  that  the  paper  may  be  converted  into 
a  negotiable  instrument,  operates  as  a  prima  facie  authority  to  fill 
it  up  as  such  for  any  amount.  In  order,  however,  that  any  such 
instrument,  when  completed,  may  be  enforced  against  any  person  who 
became  a  party  thereto  prior  to  its  completion,  it  must  be  filled  up 
strictly  in  accordance  with  the  authority  given,  and  within  a  reason- 
able time.  But  if  any  such  instrument,  after  completion,  is  nego- 
tiated to  a  holder  in  due  course,  it  is  valid  and  effectual  for  all  pur- 
poses in  his  hands,  and  he  may  enforce  it  as  if  it  had  been  filled  up 
strictly  in  accordance  with  the  authority  given,  and  within  a  reason- 
able time. 

Sec.  15.  Incomplete  instrument  not  delivered — Where  an  incomplete 
instrument  has  not  been  delivered,  it  will  not,  if  completed  and  nego- 
tiated, without  authority,  be  a  valid  contract  in  the  hands  of  any 
holder,  as  against  any  person  whose  signature  was  placed  thereon 
before  delivery. 

Sec.  16.  Delivery — Every  contract  on  a  negotiable  instrument  is 
incomplete  and  revocable  until  delivery  of  the  instrument  for  the  pur- 
pose of  giving  effect  thereto.  As  between  immediate  parties,  and  as 
regards  a  remote  party  other  than  a  holder  in  due  course,  the  delivery, 
in  order  to  be  effectual,  must  be  made  either  by,  or  under  the  authority 
of,  the  party  making,  drawing,  accepting,  or  indorsing,  as  the  case  may 
be;  and  in  such  case  the  delivery  may  be  shown  to  have  been  con- 
ditional, or  for  a  special  purpose  only,  and  not  for  the  purpose  of  trans- 
ferring the  property  in  the  instrument.  But  where  the  instrument  is 
in  the  hands  of  a  holder  in  due  course,  a  valid  delivery  thereof  by  all 
parties  prior  to  him,  so  as  to  make  them  liable  to  him,  is  conclusively 
presumed.  And  where  the  instrument  is  no  longer  in  the  possession  of 
a  party  whose  signature  appears  thereon,  a  valid  and  intentional 
delivery  by  him  is  presumed  until  the  contrary  is  proved. 


222  NOTAEIES  PUBLIC. 

Sec.  17.  Ambiguous  Language — Where  the  language  of  the  instru- 
ment is  ambiguous,  or  there  are  omissions  therein,  the  following 
rules  of  construction  apply:  (1)  Where  the  sum  payable  is  expressed 
in  words  and  also  in  figures,  and  there  is  a  discrepancy  between  the 
two,  the  sum  denoted  by  the  words  is  the  sum  payable;  but  if  the 
words  are  ambiguous  or  uncertain,  reference  may  be  had  to  the 
figures  to  fix  the  amount.  (2)  Where  the  instrument  provides  for 
the  payment  of  interest,  without  specifying  the  date  from  which  inter- 
est is  to  run,  the  interest  runs  from  the  date  of  the  instrument,  and 
if  the  instrument  is  undated,  from  the  issue  thereof.  (3)  Where  the 
instrument  is  not  dated,  it  will  be  considered  to  be  dated  as  of  the 
time  it  was  issued.  (4)  Where  there  is  conflict  between  the  written 
and  printed  provisions  of  the  instrument,  the  written  provisions  pre- 
vail. (5)  Where  the  instrument  is  so  ambiguous  that  there  is  doubt 
whether  it  is  a  bill  or  note,  the  holder  may  treat  it  as  either,  at  his 
election.  (6)  Where  a  signature  is  so  placed  upon  the  instrument 
that  it  is  not  clear  in  what  capacity  the  person  making  the  same 
intended  to  sign,  he  is  to  be  deemed  an  indorser.  (7)  Where  an  instru- 
ment containing  the  words,  "I  promise  to  pay, "  is  signed  by  two  or 
more  persons,  they  are  deemed  to  be  jointly  and  severally  liable  thereon. 

Sec.  18.  Liable  for  signature — No  person  is  liable  on  the  instrument 
whose  signature  does  not  appear  thereon,  except  as  herein  otherwise 
expressly  provided.  But  one  who  signs  in  a  trade  or  assumed  name 
will  be  liable  to  the  same  extent  as  if  he  had  signed  in  his  own  name. 

Sec.  19.  Signature  by  agent — The  signature  of  any  party  may  be 
made  by  a  duly  authorized  agent.  No  particular  form  of  appointment 
is  necessary  for  this  purpose;  and  the  authority  of  the  agent  may  be 
established  as  in   other  cases  of  agency. 

Sec.  20.  Liability  of  agent  signing — Where  the  instrument  contains, 
or  a  person  adds  to  his  signature,  words  indicating  that  he  signs  for 
or  on  behalf  of  a  principal,  or  in  a  representative  capacity,  he  is 
not  liable  on  the  instrument  if  he  was  duly  authorized;  but  the  mere 
addition  of  words  describing  him  as  an  agent,  or  as  filling  a  representa- 
tive character,  without  disclosing  his  principal,  does  not  exempt  him 
from  personal  liability. 

Sec.  21.  A  signature  by  "procuration"  operates  as  notice  that  the 
agent  has  but  a  limited  authority  to  sign,  and  the  principal  is  bound 
only  in  case  the  agent  in  so  signing  acted  within  the  actual  limits  of 
his  authority. 

Sec.  22.  The  indorsement  or  assignment  of  the  instrument  by  a 
corporation  or  by  an  infant  passes  the  propertjr  therein,  notwithstand- 
ing that  from  want  of  capacity  the  corporation  or  infant  may  incur 
no  liability  thereon. 

Sec.  23.  Where  a  signature  is  forged  or  made  without  the  authority 
of  the  person  whose  signature  it  purports  to  be,  it  is  wholly  inoperative, 
and  no  right  to  retain  the  instrument  or  to  give  a  discharge  therefor, 
or  to  enforce  payment  thereof  against  any  party  thereto,  can  be  ac- 
quired through  or  under  such  signature,  unless  the  party  against  whom 
it  is  sought  to  enforce  such  right,  is  precluded  from  setting  up  the 
forgery  or  want  of  authority. 


NEGOTIABLE  INSTRUMENTS.  223 

AETICLE    II. 
CONSIDERATION. 

Sec.  24.  Valuable  consideration — Every  negotiable  instrument  is 
deemed  prima  facie  to  have  been  issued  for  a  valuable  consideration; 
and  every  person  whose  signature  appears  thereon  to  have  become  a 
party  thereto  for  value. 

Sec.  25.  What  constitutes  value — Value  is  any  consideration  suffi- 
cient to  support  a  simple  contract.  An  antecedent  or  pre-existing  debt 
constitutes  value;  and  is  deemed  such  whether  the  instrument  is  pay- 
able on  demand  or  at  a  future  time. 

Sec.  26.  Holder  for  value — Where  value  has  at  any  time  been  given 
for  the  instrument,  the  holder  is  deemed  a  holder  for  value  in  respect 
to  all  parties  who  became  such  prior  to  that  time. 

Sec.  27.  Holder  has  lien — Where  the  holder  has  a  lien  on  the  in- 
strument, arising  either  from  contract  or  by  implication  of  law,  he 
is  deemed  a  holder  for  value  to  the  extent  of  his  lien. 

Sec.  28.  Absence  or  failure  of  consideration  is  matter  of  defense 
as  against  any  person  not  a  holder  in  due  course;  and  partial  failure  of 
consideration  is  a  defense  pro  tanto  whether  the  failure  is  an  ascer- 
tained and  liquidated   amount   or   otherwise. 

Sec.  29.  An  accommodation  party  is  one  who  has  signed  the  in- 
strument as  maker,  drawer,  acceptor,  or  indorser,  without  receiving 
value  therefor,  and  for  the  purpose  of  lending  his  name  to  some  other 
person.  Such  a  person  is  liable  on  the  instrument  to  a  holder  for 
value,  notwithstanding  such  holder  at  the  time  of  taking  the  instru- 
ment knew  him  to  be  only  an  accommodation  party. 

ARTICLE    III. 
NEGOTIATION. 

Sec  30.  Negotiated;  transferred — An  instrument  is  negotiated  when 
it  is  transferred  from  one  person  to  another  in  such  manner  as  to  con- 
stitute the  transferee  the  holder  thereof.  If  payable  to  bearer  it  is 
negotiated  by  delivery;  if  payable  to  order  it  is  negotiated  by  the 
indorsement  of  the  holder  completed  by  delivery. 

Sec.  31.  The  indorsement  must  be  written  on  the  instrument  itself 
or  upon  a  paper  attached  thereto.  The  signature  of  the  indorser,  with- 
out  additional   words,   is   a   sufficient   indorsement. 

Sec.  32.  Indorsement  entire — The  indorsement  must  be  an  indorse- 
ment of  the  entire  instrument.  An  indorsement  which  purports  to 
transfer  to  the  indorsee  a  part  only  of  the  amount  payable,  or  which 
purports  to  transfer  the  instrument  to  two  or  more  indorsees  severally, 
does  not  operate  as  a  negotiation  of  the  instrument.  But  where  the 
instrument  has  been  paid  in  part,  it  may  be  indorsed  as  to  the  residue. 

Sec.  33.  Indorsement  special  or  blank — An  indorsement  may  be 
either  special  or  in  blank;  and  it  may  also  be  either  restrictive  or 
qualified,  or  conditional. 


224  NOTARIES  PUBLIC. 

Sec.  34.  A  special  indorsement  specifies  the  person  to  whom,  or 
to  whose  order,  the  instrument  is  to  be  payable;  and  the  indorsement 
of  such  indorsee  is  necessary  to  the  further  negotiation  of  the  instru- 
ment. An  indorsement  in  blank  specifies  no  indorsee,  and  an  instrument 
so  indorsed  is  payable  to  bearer,  and  may  be  negotiated  by  delivery. 

Sec.  35.  The  holder  may  convert  a  blank  indorsement  into  a  special 
indorsement  by  writing  over  the  signature  of  the  indorser  in  blank  any 
contract  consistent  with  the  character  of  the  indorsement. 

Sec.  36.  An  indorsement  is  restrictive  which  either  (1)  prohibits 
the  further  negotiation  of  the  instrument,  or  (2)  constitutes  the  in- 
dorsee the  agent  of  the  indorser,  or  (3)  vests  the  title  in  the  indorsee 
in  trust  for  or  to  the  use  of  some  other  person.  But  the  mere  absence 
of  words  implying  power  to  negotiate  does  not  make  an  indorsement 
restrictive. 

Sec.  37.  Effect  of  restrictive  endorsement — A  restrictive  indorse- 
ment confers  upon  the  indorsee  the  right  (1)  to  receive  payment  of 
the  instrument,  (2)  to  bring  any  action  thereon  that  the  indorser  could 
bring,  (3)  to  transfer  his  rights  as  such  indorsee,  where  the  form  of 
the  indorsement  authorizes  him  to  do  so.  But  all  subsequent  indorsees 
acquire  only  the  title  of  the  first  indorsee  under  the  restrictive  in- 
dorsement. 

Sec.  38.  A  qualified  indorsement  constitutes  the  indorser  a  mere 
assignor  of  the  title  to  the  instrument.  It  may  be  made  by  adding  to 
the  indorser 's  signature  the  words  "without  recourse,"  or  any  words 
of  similar  import.  Such  an  indorsement  does  not  impair  the  negotiable 
character  of  the  instrument. 

Sec.  39.  Where  an  indorsement  is  conditional,  a  party  required  to 
pay  the  instrument  may  disregard  the  condition,  and  make  payment 
to  the  indorsee  or  his  transferee,  whether  the  condition  has  been  ful- 
filled or  not.  But  any  person  to  whom  an  instrument  so  indorsed  is 
negotiated  will  hold  the  same,  or  the  proceeds  thereof,  subject  to  the 
rights  of  the  person  indorsing  conditionally. 

Sec.  40.  Indorsement  payable  to  bearer — Where  an  instrument, 
payable  to  bearer,  is  indorsed  specially,  it  may  nevertheless  be  further 
negotiated  by  delivery;  but  the  person  indorsing  specially  is  liable  as 
indorser  to  only  such  holders  as  make  title  through  his  indorsement. 

Sec.  41.  Payable  to  order — Where  an  instrument  is  payable  to  the 
order  of  two  or  more  payees  or  indorsees  who  are  not  partners,  all  must 
indorse,  unless  the  one  indorsing  has  authority  to  indorse  for  the 
others. 

Sec.  42.  Drawn  or  indorsed  to  cashier — Where  an  instrument  is 
drawn  or  indorsed  to  a  person  as  ' '  cashier ' '  or  other  fiscal  officer  of  a 
bank  or  corporation,  it  is  deemed  prima  facie  to  be  payable  to  the 
bank  or  corporation  of  which  he  is  such  officer;  and  may  be  nego- 
tiated by  either  the  indorsement  of  the  bank  or  corporation,  or  the 
indorsement  of  the  officer. 

Sec.  43.    Wrong  names — Where  the  name  of  a  payee  or  indorsee  is 


NEGOTIABLE  INSTRUMENTS.  225 

wrongly  designated  or  misspelled,  he  may  indorse  the  instrument  us 
therein  described,  adding,  if  he  think  fit,  his  proper  signature. 

See.  44.  Representative  indorsement — Where  any  person  is  under 
obligation  to  indorse  in  a  representative  capacity,  he  may  indorse  in 
such  terms  as  to  negative  personal  liability. 

Sec.  45.  Date  of  indorsement — Except  where  an  indorsement  bears 
date  after  the  maturity  of  the  instrument,  every  negotiation  is  deemed 
prima  facie  to  have  been  effected  before  the  instrument  was  overdue. 

Sec.  46.  Place  of  indorsement — Except  where  the  contrary  appears, 
every  indorsement  is  presumed  prima  facie  to  have  been  made  at  the 
place   where   the   instrument   is   dated. 

Sec.  47.  Negotiable  until  paid — An  instrument  negotiable  in  its 
origin  continues  to  be  negotiable  until  it  has  been  restrictively  in- 
dorsed or  discharged  by  payment   or   otherwise. 

Sec.  48.  The  holder  may  at  any  time  strike  out  any  indorsement 
which  is  not  necessary  to  his  title.  The  indorser  whose  indorsement 
is  struck  out,  and  all  indorsers  subsequent  to  him,  are  thereby  relieved 
from  liability  on  the  instrument. 

Sec.  49.  Effect  of  transfer  without  indorsement — Where  the  holder 
of  an  instrument  payable  to  his  order  transfers  it  for  value  without 
indorsing  it,  the  transfer  vests  in  the  transferee  such  title  as  the 
transferer  bad  therein,  and  the  transferee  acquires,  in  addition,  the 
right  to  have  the  indorsement  of  the  transferer.  But  for  the  purpose 
of  determining  whether  the  transferee  is  a  holder  in  due  course,  the 
negotiation  takes  effect  as  of  the  time  when  the  indorsement  is 
actually  made. 

Sec.  50.  Where  an  instrument  is  negotiated  back  to  a  prior  party, 
such  party  may,  subject  to  the  provisions  of  this  act,  reissue  and  fur- 
ther negotiate  the  same.  But  he  is  not  entitled  to  enforce  payment 
thereof  against  any  intervening  party  to  whom  he  was  personally 
liable. 

ARTICLE   IV. 

RIGHTS  OF  THE  HOLDER. 

Sec.  51.  Holder  may  sue — The  holder  of  a  negotiable  instrument 
may  sue  thereon  in  his  own  name;  and  payment  to  him  in  due  course 
discharges  the  instrument. 

Sec.  52.  A  holder  in  due  course  is  a  holder  who  has  taken  the  in- 
strument under  the  following  conditions:  (1)  That  it  is  complete  and 
regular  upon  its  face,  (2)  that  he  became  the  holder  of  it  before  it  was 
overdue,  and  without  notice  that  it  had  been  previously  dishonored,  if 
such  was  the  fact;  (3)  that  he  took  it  in  good  faith  and  for  value;  (4) 
that  at  the  time  it  was  negotiated  to  him  he  had  no  notice  of  any  in- 
firmity in  the  instrument  or  defect  in  the  title  of  the  person  negotiat- 
ing it. 

Sec.  53.  A  holder  not  in  due  course — Where  an  instrument  payable 
on  demand  is  negotiated  an  unreasonable  length  of  time  after  its  issue, 
the  holder  is  not  deemed  a  holder  in  due  course. 

Sec.  54.     Notice  before  full  amount  paid — Where  the  transferee  re- 

15 


226  NOTARIES  PUBLIC. 

ceives  notice  of  any  infirmity  in  the  instrument  or  defect  in  the 
title  of  the  person  negotiating  the  same  before  he  has  paid  the  full 
amount  agreed  to  be  paid  therefor,  he  will  be  deemed  a  holder  in  due 
course  only  to  the  extent  of  the  amount  theretofore  paid  by  him. 

Sec.  55.  Title  defective — The  title  of  a  person  who  negotiates  an 
instrument  is  defective  within  the  meaning  of  this  act  when  he  ob- 
tained the  instrument,  or  any  signature  thereto,  by  fraud,  duress,  or 
force  and  fear,  or  other  unlawful  means,  or  for  an  illegal  consideration, 
or  when  he  negotiates  it  in  breach  of  faith,  or  under  such  circum- 
stances as  amount  to  a  fraud. 

Sec.  56.  Notice  of  defect — To  constitute  notice  of  an  infirmity  in 
the  instrument  or  defect  in  the  title  of  the  person  negotiating  the 
same,  the  person  to  whom  it  is  negotiated  must  have  had  actual 
knowledge  of  the  infirmity  or  defect,  or  knowledge  of  such  facts  that 
his  action  in  taking  the  instrument  amounted  to  bad  faith. 

Sec.  57.  A  holder  in  due  course  holds  the  instrument  free  from  any 
defect  of  title  of  prior  parties,  and  free  from  defenses  available  to 
prior  parties  among  themselves,  and  may  enforce  payment  of  the  instru- 
ment for  the  full  amount  thereof  against  all  parties  liable  thereon. 

Sec.  58.  When  subject  to  the  same  defenses — In  the  hands  of  any 
holder  other  than  a  holder  in  due  course,  a  negotiable  instrument  is 
subject  to  the  same  defenses  as  if  it  were  non-negotiable.  But  a  holder 
who  derives  his  title  through  a  holder  in  due  course,  and  who  is  not 
himself  a  party  to  any  fraud  or  illegality  affecting  the  instrument, 
has  all  the  rights  of  such  former  holder  in  respect  of  all  parties  prior 
to  the  latter. 

Sec.  59.  Every  holder  is  deemed  prima  facie  to  be  a  holder  in  due 
course;  but  when  it  is  shown  that  the  title  of  any  person  who  has 
negotiated  the  instrument  was  defective,  the  burden  is  on  the  holder  to 
prove  that  he  or  some  person  under  whom  he  claims  acquired  the  title 
as  a  holder  in  due  course.  But  the  last  mentioned  rule  does  not  apply 
in  favor  of  a  party  who  became  bound  on  the  instrument  prior  to  the 
acquisition  of  such  defective  title. 

ARTICLE    V. 
LIABILITIES    OF   PARTIES. 

See.  60.  The  maker  of  a  negotiable  instrument  by  making  it  en- 
gages that  he  will  pay  it  according  to  its  tenor;  and  admits  the  exist- 
ence of  the  payee  and  his  then  capacity  to  indorse. 

Sec.  61.  The  drawer  by  drawing  the  instrument  admits  the  exist- 
ence of  the  payee  and  his  then  capacity  to  indorse;  and  engages  that 
on  due  presentment  the  instrument  will  be  accepted  or  paid,  or  both, 
according  to  its  tenor,  and  that  if  it  be  dishonored,  and  the  necessary 
proceedings  on  dishonor  be  duly  taken,  he  will  pay  the  amount  thereof 
to  the  holder,  or  to  any  subsequent  indorser  who  may  be  compelled  to 
pay  it.  But  the  drawer  may  insert  in  the  instrument  an  express  stipu- 
lation negativing  or  limiting  his  own  liability  to  the  holder. 

Sec.  62.     The  acceptor  by  accepting  the  instrument  engages  that  he 


NEGOTIABLE  INSTRUMENTS.  227 

will  pay  it  according  to  the  tenor  of  his  acceptance;  and  admits  (1)  the 
existence  of  the  drawer,  the  genuineness  of  his  signature,  and  his 
capacity  and  authority  to  draw  the  instrument;  and  (2)  the  existence 
of  the  payee  and  his  then  capacity  to  indorse. 

Sec.  63.  Indorser — A  person  placing  his  signature  upon  an  instru- 
ment otherwise  than  as  maker,  drawer,  or  acceptor  is  deemed  to  be 
an  indorser,  unless  he  clearly  indicates  by  appropriate  words  his 
intention  to  be  bound  in  some  other  capacity. 

Sec.  64.  Irregular  indorser — Where  a  person,  not  otherwise  a  party 
to  an  instrument,  places  thereon  his  signature  in  blank  before  delivery, 
he  is  liable  as  indorser  in  accordance  with  the  following  rules:  (1)  If 
the  instrument  is  payable  to  the  order  of  a  third  person,  he  is  liable 
to  the  payee  and  to  all  subsequent  parties.  (2)  If  the  instrument  is 
payable  to  the  order  of  the  maker  or  drawer,  or  is  payable  to  bearer, 
he  is  liable  to  all  parties  subsequent  to  the  maker  or  drawer.  (3)  If 
he  signs  for  the  accommodation  of  the  payee,  he  is  liable  to  all  parties 
subsequent  to  the  payee. 

Sec.  65.  Warranty  by  delivery  or  indorsement — Every  person  nego- 
tiating an  instrument  by  delivery  or  by  a  qualified  indorsement,  war- 
rants (1)  that  the  instrument  is  genuine  and  in  all  respects  what  it 
purports  to  be;  (2)  that  he  has  a  good  title  to  it;  (3)  that  all  prior 
parties  had  capacity  to  contract;  (4)  that  he  has  no  knowledge  of 
any  fact  which  would  impair  the  validity  of  the  instrument  or  render 
it  valueless.  But  when  the  negotiation  is  by  delivery  only,  the  war- 
ranty extends  in  favor  of  no  holder  other  than  the  immediate  transferee. 
The  provisions  of  subdivision  three  of  this  section  do  not  apply  to 
persons  negotiating  public  or  corporate  securities,  other  than  bills  and 
notes. 

Sec.  66.  General  indorser — Every  indorser  who  indorses  without 
qualification  warrants,  to  all  subsequent  holders  in  due  course,  (1) 
the  matters  and  things  mentioned  in  subdivisions  one,  two,  and  three 
of  the  next  preceding  section  and  (2)  that  the  instrument  is  at  the 
time  of  his  indorsement  valid  and  subsisting.  And,  in  addition,  he 
engages  that  on  due  presentment,  it  shall  be  accepted  or  paid,  or  both, 
as  the  case  may  be,  according  to  its  tenor,  and  that  if  it  be  dishonored, 
and  the  necessary  proceedings  on  dishonor  be  duly  taken,  he  will  pay 
the  amount  thereof  to  the  holder,  or  to  any  subsequent  indorser  who 
may  be  compelled  to  pay  it. 

Sec.  67.  Liability  of  indorser — Where  a  person  places  his  indorse- 
ment on  an  instrument  negotiable  by  delivery  he  incurs  all  the  liabilities 
of  an  indorser. 

Sec.  68.  Liable  in  order  of  indorsement — As  respects  one  another, 
indorsers  are  liable  prima  facie  in  the  order  in  which  they  indorse; 
but  evidence  is  admissible  to  show  that  as  between  or  among  them- 
selves they  have  agreed  otherwise.  Joint  payees  or  joint  indorsees 
who  indorse  are  deemed   to  indorse  jointly  and  severally. 

Sec.  69.  Where  a  broker  or  other  agent  negotiates  an  instrument 
without  indorsement,  he  incurs  all  the  liabilities  prescribed  by  section 
65  of  this  act,  unless  he  discloses  the  name  of  his  principal,  and  the 
fact  that  he  is  acting  only  as  agent. 


228  NOTAEIES  PUBLIC. 

AETTCLE    VI. 

PEESENTMENT  FOE   PAYMENT. 

See.  70.  Want  of  demand  on  principal — Presentment  for  payment 
is  not  necessary  in  order  to  charge  the  person  primarily  liable  on  the 
instrument;  but  if  the  instrument  is,  by  its  terms,  payable  at  a  special 
place,  and  he  is  able  and  willing  to  pay  it  there  at  maturity,  such 
ability  and  willingness  are  equivalent  to  a  tender  of  payment  upon 
his  part.  But  except  as  herein  otherwise  provided,  presentment  for 
payment  is  necessary  in  order  to  charge  the  drawer  and  indorsers. 

Sec.  71.  Where  the  instrument  is  not  payable  on  demand,  pre- 
sentment must  be  made  on  the  day  it  falls  due.  Where  it  is  payable 
on  demand,  presentment  must  be  made  within  a  reasonable  time  after 
its  issue,  except  that  in  the  case  of  a  bill  of  exchange,  presentment 
for  payment  will  be  sufficient  if  made  within  a  reasonable  time  after 
the  last  negotiation  thereof. 

Sec.  72.  Presentment  for  payment,  to  be  sufficient,  must  be  made 
(1)  by  the  holder,  or  by  some  person  authorized  to  receive  payment 
on  his  behalf;  (2)  at  a  reasonable  hour  on  a  business  day;  (3)  at  a 
proper  place,  as  herein  defined;  (4)  to  the  person  primarily  liable  on 
the  instrument,  or,  if  he  is  absent  or  inaccessible,  to  any  person  found 
at  the  place  where  the  presentment  is  made. 

Sec.  73.  Presentment  for  payment  is  made  at  the  proper  place: 
(1)  Where  a  place  of  payment  is  specified  in  the  instrument  and  it  is 
there  presented;  (2)  where  no  place  of  payment  is  specified  but  the 
address  of  the  person  to  make  payment  is  given  in  the  instrument  and 
it  is  there  presented;  (3)  where  no  place  of  payment  is  specified  and 
no  address  is  given  and  the  instrument  is  presented  at  the  usual  place 
of  business  or  residence  of  the  person  to  make  payment;  (4)  in  any 
other  case,  if  presented  to  the  person  to  make  payment  wherever  he 
can  be  found,  or  if  presented  at  his  last  known  place  of  business  or 
residence. 

Sec.  74.  The  instrument  must  be  exhibited  to  the  person  from 
whom  payment  is  demanded,  and  when  it  is  paid  must  be  delivered  up 
to  the  party  paying  it. 

Sec.  75.  Where  the  instrument  is  payable  at  a  bank,  presentment 
for  payment  must  be  made  during  banking  hours,  unless  the  person  to 
make  payment  has  no  funds  there  to  meet  it  at  any  time  during  the 
day,  in  which  case  presentment  at  any  hour  before  the  bank  is  closed 
on  that  day  is  sufficient. 

Sec.  76.  Drawer  dead — Where  the  person  primarily  liable  on  the 
instrument  is  dead,  and  no  place  of  payment  is  specified,  presentment 
for  payment  must  be  made  to  his  personal  representative,  if  such  there 
be,  and  if  with  the  exercise  of  reasonable  diligence,  he  can  be  found. 

See.  77.  Partners — Where  the  persons  primarily  liable  on  the  in- 
strument are  liable  as  partners,  and  no  place  of  payment  is  specified, 
presentment  for  payment  may  be  made  to  any  one  of  them,  even 
though  there  has  been  a  dissolution  of  the  firm. 


NEGOTIABLE  INSTRUMENTS.  229 

Sec.  78.  Joint  debtors — Where  there  are  several  persons,  not  part 
ners,  primarily  liable  on  the  instrument,  and  no  place  of  payment  is 
specified,  presentment  must  be  made  to   them  all. 

Sec.  79.  Presentment  for  payment  is  not  required  in  order  to  charge 
the  drawer  where  he  has  no  right  to  expect  or  require  that  the  drawee 
or  acceptor  will  pay  the  instrument. 

Sec.  80.  Presentment  for  payment  is  not  required  in  order  to  charge 
an  indorser  where  the  instrument  was  made  or  accepted  for  his  ac- 
commodation, and  he  has  no  reason  to  expect  that  the  instrument  will 
be  paid  if  presented. 

Sec.  81.  Delay  in  making  presentment  for  payment  is  excused  when 
the  delay  is  caused  by  circumstances  beyond  the  control  of  the  holder, 
and  not  imputable  to  his  default,  misconduct,  or  negligence.  When 
the  cause  of  delay  ceases  to  operate,  presentment  must  be  made  with 
reasonable   diligence. 

Sec.  82.  Presentment  for  payment  is  dispensed  with:  (1)  Where 
after  the  exercise  of  reasonable  diligence  presentment  as  required  by 
this  act  cannot  be  made;  (2)  where  the  drawee  is  a  fictitious  person; 
(3)   by  waiver  of  presentment,   express  or  implied. 

Sec.  83.  The  instrument  is  dishonored  by  non-payment  when  (1)  it 
is  duly  presented  for  payment  and  payment  is  refused  or  cannot  be 
obtained,  or  (2)  presentment  is  excused  and  the  instrument  is  overdue 
and  unpaid. 

Sec.  84.  Persons  secondarily  liable — Subject  to  the  provisions  of 
this  act,  when  the  instrument  is  dishonored  by  non-payment,  an  imme- 
diate right  of  recourse  to  all  parties  secondarily  liable  thereon,  accrues 
to  the  holder. 

Sec.  85.  Days  of  grace;  maturity — Every  negotiable  instrument 
is  payable  at  the  time  fixed  therein  without  grace.  When  the  day  of 
maturity  falls  upon  Sunday  or  a  holiday,  the  instrument  is  payable 
on  the  next  succeeding  business  day.  Instruments  falling  due  on 
Saturday  are  to  be  presented  for  payment  on  the  next  succeeding 
business  day,  except  that  instruments  payable  on  demand  may,  at  the 
option  of  the  holder,  be  presented  for  payment  before  twelve  o'clock 
noon  Saturday  when  that  entire  day  is  not  a  holiday. 

Sec.  86.  Time;  after  date;  sight;  how  computed — Where  the  instru- 
ment is  payable  at  a  fixed  period  after  date,  after  sight,  or  after  the 
happening  of  a  specified  event,  the  time  of  payment  is  determined  by 
excluding  the  day  from  which  the  time  is  to  begin  to  run,  and  by  in- 
cluding the   date   of  payment. 

Sec.  87.  Where  the  instrument  is  made  payable  at  a  bank  it  is 
equivalent  to  an  order  to  the  bank  to  pay  the  same  for  the  account  of 
the  principal  debtor  thereon. 

Sec.  88.  Payment  is  made  in  due  course  when  it  is  made  at  or  after 
the  maturity  of  the  instrument  to  the  holder  thereof  in  good  faith  and 
without  notice  that  his  title  is  defective. 


230  NOTARIES  PUBLIC. 

ARTICLE   VII. 
NOTICE   OF   DISHONOR. 

Sec.  89.  Notice  to  whom — Except  as  herein  otherwise  provided, 
when  a  negotiable  instrument  has  been  dishonored  by  nonacceptance 
or  nonpayment,  notice  of  dishonor  must  be  given  to  the  drawer  and  to 
each  indorser,  and  any  drawer  or  indorser  to  whom  such  notice  is  not 
given  is  discharged. 

Sec.  90.  Notice  for  whom — The  notice  may  be  given  by  or  on  behalf 
of  the  holder,  or  by  or  on  behalf  of  any  party  to  the  instrument  who 
might  be  compelled  to  pay  it  to  the  holder,  and  who,  upon  taking  it 
up,  would  have  a  right  to  reimbursement  from  the  party  to  whom  the 
notice  is  given. 

Sec.  91.  Notice  by  agent — Notice  of  dishonor  may  be  given  by  an 
agent  either  in  his  own  name  or  in  the  name  of  any  party  entitled  to 
give  notice,  whether  that  party  be  his  principal  or  not. 

Sec.  92.  Effect  of  notice  for  holder — Where  notice  is  given  by  or 
on  behalf  of  the  holder,  it  inures  for  the  benefit  of  all  subsequent 
holders  and  all  prior  parties  who  have  a  right  of  recourse  against  the 
party  to  whom  it  is  given. 

Sec.  93.  Effect  of  notice  by  party  entitled  to — Where  notice  is 
given  by  or  on  behalf  of  a  party  entitled  to  give  notice,  it  inures 
for  the  benefit  of  the  holder  and  all  parties  subsequent  to  the  party 
to  whom  notice  is  given. 

Sec.  94.  When  agent  may  give  notice — Where  the  instrument  has 
been  dishonored  in  the  hands  of  an  agent,  he  may  either  himself  give 
notice  to  the  parties  liable  thereon,  or  he  may  give  notice  to  his 
principal.  If  he  give  notice  to  his  principal,  he  must  do  so  within  the 
same  time  as  if  he  were  the  holder,  and  the  principal  upon  the  receipt 
of  such  notice  has  himself  the  same  time  for  giving  notice  as  if  the 
agent  had  been  an  independent  holder. 

Sec.  95.  When  notice  sufficient — A  written  notice  need  not  be 
signed  and  an  insufficient  written  notice  may  be  supplemented  and  val- 
idated by  verbal  communication.  A  misdescription  of  the  instrument 
does  not  vitiate  the  notice  unless  the  party  to  whom  the  notice  is 
given  is  in  fact  misled  thereby. 

Sec.  96.  Form  of  notice — The  notice  may  be  in  writing  or  merely 
oral  and  may  be  given  in  any  terms  which  sufficiently  identify  the 
instrument,  and  indicate  that  it  has  been  dishonored  by  nonacceptance 
or  nonpayment.  It  may  in  all  cases  be  given  by  delivering  it  per- 
sonally or  through  the  mails. 

See.  97.  Notice  of  dishonor  may  be  given  either  to  the  party  him- 
self or  to  his  agent  in  that  behalf. 

Sec.  98.  When  any  party  is  dead,  and  his  death  is  known  to  the 
party  giving  notice,  the  notice  must  be  given  to  a  personal  representa- 
tive, if  there  be  one,  and  if,  with  reasonable  diligence  he  can  be  found. 
Tf  there  be  no  personal  representative,  notice  may  be  sent  to  the  last 
residence  or  last  place  of  business  of  the  deceased. 

Sec.  99.    Where  the  parties  to  be  notified  are  partners,   notice  to 


NEGOTIABLE  INSTRUMENTS.  231 

any  one  partner  is  notice  to  the  firm,  even  though  there  has  been  a 
dissolution. 

Sec.  100.  Notice  to  joint  parties  who  are  not  partners  must  be 
given  to  each  of  them,  unless  one  of  them  has  authority  to  receive 
such  notice  for  the  others. 

Sec.  101.  Where  a  party  has  been  adjudged  a  bankrupt  or  an  in- 
solvent, or  has  made  an  assignment  for  the  benefit  of  creditors,  notice 
may  be  given  either  to  the  party  himself  or  to  his  trustee  or  assignee. 

Sec.  102.  Notice  may  be  given  as  soon  as  the  instrument  is  dis- 
honored; and  unless  delay  is  excused  as  hereinafter  provided,  must 
be  given  within  the  times  fixed  by  this  act. 

Sec.  103.  Where  the  person  giving  and  the  person  to  receive  notice 
reside  in  the  same  place,  notice  must  be  given  within  the  following 
times:  (1)  If  given  at  the  place  of  business  of  the  person  to  receive 
notice,  it  must  be  given  before  the  close  of  business  hours  on  the  day 
following;  (2)  if  given  at  his  residence,  it  must  be  given  before  the 
usual  hours  of  rest  on  the  day  following;  (3)  if  sent  by  mail,  it  must 
be  deposited  in  the  post-office  in  time  to  reach  him  in  usual  course  on 
the  day  following. 

Sec.  104.  Where  the  person  giving  and  the  person  to  receive  notice 
reside  in  different  places,  the  notice  must  be  given  within  the  follow- 
ing times:  (1)  If  sent  by  mail,  it  must  be  deposited  in  the  post-office 
in  time  to  go  by  mail  the  day  following  the  day  of  dishonor,  or  if  there 
be  no  mail  at  a  convenient  hour  on  that  day,  by  the  next  mail  there- 
after. (2)  If  given  otherwise  than  through  the  post-office,  then  within 
the  time  that  notice  would  have  been  received  in  due  course  of  mail, 
if  it  had  been  deposited  in  the  post-office  within  the  time  specified  in 
the  last  subdivision. 

Sec.  105.  Where  notice  of  dishonor  is  duly  addressed  and  deposited 
in  the  post-office,  the  sender  is  deemed  to  have  given  due  notice,  not- 
withstanding any  miscarriage  in  the  mails. 

Sec.  106.  Notice  is  deemed  to  have  been  deposited  in  the  post-office 
when  deposited  in  any  branch  post-office  or  in  any  letter-box  under 
the  control  of  the  post-office  department. 

See.  107.  Notice  to  subsequent  party;  time — Where  a  party  receives 
uotice  of  dishonor,  he  has,  after  the  receipt  of  such  notice,  the  same 
time  for  giving  notice  to  antecedent  parties  that  the  holder  has  after 
the  dishonor. 

Sec.  108.  Where  notice  to  be  sent — Where  a  party  has  added  an 
address  to  his  signature,  notice  of  dishonor  must  be  sent  to  that 
address;  but  if  he  has  not  given  such  address,  then  the  notice  must  be 
sent  as  follows:  (1)  Either  to  the  post-office  nearest  to  his  place  of 
residence,  or  to  the  post-office  where  he  is  accustomed  to  receive  his 
letters;  or  (2)  if  he  live  in  one  place,  and  have  his  place  of  business 
in  another,  notice  may  be  sent  to  either  place;  or  (3)  if  he  is  so- 
journing in  another  place,  notice  may  be  sent  to  the  place  where  he 
is  sojourning.  But  where  the  notice  is  actually  received  by  the  party 
within  the  time  specified  in  this  act,  it  will  be  sufficient,  though  not 
sent  in   accordance  with  the  requirements   of  this   section. 

Sec.  109.     Notice  of  dishonor  may  be  waived  either  before  the  time 


232  NOTARIES  PUBLIC. 

of  giving  notice  has  arrived,  or  after  the  omission  to  give  due  notice, 
and  the  waiver  may  be  express  or  implied. 

Sec.  110.  Who  affected  by  waiver — "Where  the  waiver  is  embodied 
in  the  instrument  itself,  it  is  binding  upon  all  parties;  but  where  it  is 
written  above  the  signature  of  an  endorser,  it  binds  him  only. 

Sec.  111.  A  waiver  of  protest,  whether  in  the  case  of  a  foreign 
bill  of  exchange  or  other  negotiable  instrument,  is  deemed  to  be  a 
waiver  not  only  of  a  formal  protest,  but  also  of  presentment  and  notice 
of  dishonor. 

Sec.  112.  Notice  of  dishonor  is  dispensed  with  when,  after  the  exer- 
cise of  reasonable  diligence,  it  cannot  be  given  to  or  does  not  reach  the 
parties  sought  to  be  charged. 

Sec.  113.  Delay  in  giving  notice  of  dishonor  is  excused  when  the 
delay  is  caused  by  circumstances  beyond  the  control  of  the  holder  and 
not  imputable  to  his  default,  misconduct,  or  negligence.  When  the 
cause  of  delay  ceases  to  operate,  notice  must  be  given  with  reasonable 
diligence. 

Sec.  114.  Notice  of  dishonor  is  not  required  to  be  given  to  the 
drawer  in  either  of  the  following  cases:  (1)  Where  the  drawer  and 
drawee  are  the  same  person;  (2)  where  the  drawee  is  a  fictitious 
person  or  a  person  not  having  capacity  to  contract;  (3)  where  the 
drawer  is  the  person  to  whom  the  instrument  is  presented  for  pay- 
ment; (4)  where  the  drawer  has  no  right  to  expect  or  require  that  the 
drawee  or  acceptor  will  honor  the  instrument;  (5)  where  the  drawer 
has  countermanded  payment. 

Sec.  115.  Notice  of  dishonor  is  not  required  to  be  given  to  an  in- 
dorser  in  either  of  the  following  cases:  (1)  Where  the  drawee  is  a 
fictitious  person  or  a  person  not  having  capacity  to  contract,  and  the 
indorser  was  aware  of  the  fact  at  the  time  he  indorsed  the  instrument; 
(2)  where  the  indorser  is  the  person  to  whom  the  instrument  is  pre- 
sented for  payment;  (3)  where  the  instrument  was  made  or  accepted 
for  his  accommodation. 

Sec.  116.  Where  due  notice  of  dishonor  by  nonacceptance  has  been 
given,  notice  of  subsequent  dishonor  by  nonpayment  is  not  necessary, 
unless  in  the  meantime  the  instrument  has  been  accepted. 

Sec.  117.  An  ommission  to  give  notice  of  dishonor  by  nonacceptance 
does  not  prejudice  the  rights  of  a  holder  in  due  course  subsequent  to 
the  omission. 

Sec.  118.  Protest — Where  any  negotiable  instrument  has  been  dis- 
honored it  may  be  protested  for  nonacceptance  or  nonpayment  as  the 
case  may  be;  but  protest  is  not  required,  except  in  the  case  of  foreign 
bills  of  exchange. 

ARTICLE  VIII. 

DISCHARGE  OF  NEGOTIABLE  INSTRUMENTS. 

Sec.  119.  How — A  negotiable  instrument  is  discharged:  (1)  By 
payment  in  due  course  by  or  on  behalf  of  the  principal  debtor;  (2)  by 
payment  in  due  course  by  the  party  accommodated,  where  the  instru- 
ment is  made   or  accepted  for   accommodation;    (3)   by  the   intentional 


NEGOTIABLE  INSTRUMENTS.  233 

cancellation  thereof  by  the  holder;  (4)  by  any  other  act  which  will 
discharge  a  simple  contract  for  the  payment  of  money;  (5)  when  the 
principal  debtor  becomes  the  holder  of  the  instrument  at  or  after  ma- 
turity in  his  own  right. 

Sec.  120.  A  person  secondarily  liable  on  the  instrument  is  dis- 
charged: (1)  By  any  act  which  discharges  the  instrument;  (2)  by 
the  intentional  cancellation  of  his  signature  by  the  holder;  (3)  by 
the  discharge  of  a  prior  party;  (4)  by  a  valid  tender  of  payment 
made  by  a  prior  party;  (5)  by  a  release  of  the  principal  debtor,  un- 
less the  holder's  right  of  recourse  against  the  party  secondarily  liable 
is  expressly  reserved;  (6)  by  any  agreement  binding  upon  the  holder 
to  extend  the  time  of  payment,  or  to  postpone  the  holder's  right  to 
enforce  the  instrument,  unless  made  with  the  assent  of  the  party 
secondarily  liable,  or  unless  the  right  of  recourse  against  such  party 
is   expressly   reserved. 

Sec.  121.  Where  the  instrument  is  paid  by  a  party  secondarily 
liable  thereon,  it  is  not  discharged;  but  the  party  so  paying  it  is 
remitted  to  his  former  rights  as  regards  all  prior  parties,  and  he 
may  strike  out  his  own  and  all  subsequent  indorsements,  and  again 
negotiate  the  instrument,  except  (1)  where  it  is  payable  to  the  order 
of  a  third  person,  and  has  been  paid  by  the  drawer;  and  (2)  where 
it  was  made  or  accepted  for  accommodation,  and  has  been  paid  by  the 
party  accommodated. 

Sec.  122.  The  holder  may  expressly  renounce  his  rights  against 
any  party  to  the  instrument,  before,  at,  or  after  its  maturity.  An 
absolute  and  unconditional  renunciation  of  his  rights  against  the  prin- 
cipal debtor  made  at  or  after  the  maturity  of  the  instrument  dis- 
charges the  instrument.  But  a  renunciation  does  not  affect  the  rights 
of  a  holder  in  due  course  without  notice.  A  renunciation  must  be  in 
writing,  unless  the  instrument  is  delivered  up  to  the  person  primarily 
liable  thereon. 

Sec.  123.  A  cancellation  made  unintentionally,  or  under  a  mistake 
or  without  the  authority  of  the  holder,  is  inoperative;  but  where  an 
instrument  or  any  signature  thereon  appears  to  have  been  canceled 
the  burden  of  proof  lies  on  the  party  who  alleges  that  the  cancellation 
was  made  unintentionally,  or  under  a  mistake  or  without  authority. 

See.  124.  Where  a  negotiable  instrument  is  materially  altered  with- 
out the  assent  of  all  parties  liable  thereon,  it  is  avoided,  except 
as  against  a  party  who  has  himself  made,  authorized,  or  assented  to 
the  alteration  and  subsequent  indorsers.  But  when  an  instrument  has 
been  materially  altered  and  is  in  the  hands  of  a  holder  in  due  course, 
not  a  party  to  the  alteration,  he  may  enforce  payment  thereof  accord- 
ing to  its  original  tenor. 

Sec.  125.  What  constitutes  alteration  —  Any  alteration  which 
changes  (1)  the  date,  (2)  the  sum  payable,  either  for  principal  or  in- 
terest, (3)  the  time  or  place  of  payment,  (4)  the  number  or  the  rela- 
tions of  the  parties,  (5)  the  medium  or  currency  in  which  payment  is 
to  be  made,  or  which  adds  a  place  of  payment  where  no  place  of 
payment  is  specified,  or  any  other  change  or  addition  which  alters  the 
effect  of  the  instrument  in  any  respect,  is  a  material  alteration. 


234  NOTARIES  PUBLIC. 

TITLE   IT. 
BILLS   OF   EXCHANCE. 

AETICLE   I. 
FORM  AND  INTERPRETATION. 

Sec.  126.  A  bill  of  exchange  is  an  unconditional  order  in  writing 
addressed  by  one  person  to  another,  signed  by  the  person  giving  it, 
requiring  the  person  to  whom  it  is  addressed  to  pay  on  demand  or  at 
a  fixed  or  determinable  future  time  a  sum  certain  in  money  to  order 
or  to  bearer. 

Sec.  127.  A  bill  of  itself  does  not  operate  as  an  assignment  of  the 
funds  in  the  hands  of  the  drawee  available  for  the  payment  thereof, 
and  the  drawee  is  not  liable  on  the  bill  unless  and  until  he  accepts 
the  same. 

Sec.  128.  A  bill  may  be  addressed  to  two  or  more  drawees  jointly, 
whether  they  are  partners  or  not;  but  not  to  two  or  more  drawees  in 
the  alternative  or  in  succession. 

Sec.  129.  An  inland  bill  of  exchange  is  a  bill  which  is,  or  on  its 
face  purports  to  be,  both  drawn  and  payable  within  this  state.  Any 
other  bill  is  a  foreign  bill.  Unless  the  contrary  appears  on  the  face  of 
the  bill,  the  holder  may  treat  it  as  an  inland  bill. 

Sec.  130.  When  bill  may  be  treated  as  a  promissory  note — Where  in 
a  bill  drawer  and  drawee  are  the  same  person,  or  where  the  drawee 
is  a  fictitious  person,  or  a  person  not  having  capacity  to  contract,  the 
holder  may  treat  the  instrument,  at  his  option,  either  as  a  bill  of 
exchange  or  a  promissory  note. 

Sec.  131.  Referee  in  case  of  need — The  drawer  of  a  bill  and  any 
indorser  may  insert  thereon  the  name  of  a  person  to  whom  the  holder 
may  resort  in  case  of  need,  that  is  to  say,  in  case  the  bill  is  dis- 
honored by  nonaeceptance  or  nonpayment.  Such  person  is  called  the 
referee  in  case  of  need.  It  is  in  the  option  of  the  holder  to  resort 
to  the  referee  in  case  of  need  or  not  as  he  may  see  fit'. 

ARTICLE    II. 

ACCEPTANCE. 

Sec.  132.  How  made — The  acceptance  of  a  bill  is  the  signification 
by  the  drawee  of  his  assent  to  the  order  of  the  drawer.  The  acceptance 
must  be  in  writing  and  signed  by  the  drawee.  It  must  not  express  that 
the  drawee  will  perform  his  promise  by  any  other  means  than  the  pay- 
ment of  money. 

Sec.  133.  The  holder  of  a  bill  presenting  the  same  for  acceptance 
may  require  that  the  acceptance  be  written  on  the  bill,  and  if  such  a 
request  is  refused,  may  treat  the  bill  as  dishonored. 


NEGOTIABLE  INSTRUMENTS.  235 

Sec.  134.  An  acceptance  on  separate  paper — Where  an  acceptance 
is  written  on  a  paper  other  than  the  bill  itself,  it  does  not  bind  the 
acceptor  except  in  favor  of  a  person  to  whom  it  is  shown  and  who, 
on  the  faith  thereof,  receives  the  bill  for  value. 

Sec.  135.  Promise  to  accept — An  unconditional  promise  in  writing 
to  accept  a  bill  before  it  is  drawn  is  deemed  an  actual  acceptance  in 
favor  of  every  person  who,  upon  the  faith  thereof,  receives  the  bill 
for  value. 

Sec.  136.  The  drawee  is  allowed  twenty-four  hours  after  present- 
ment in  which  to  decide  whether  or  not  he  will  accept  the  bill;  but 
the  acceptance  if  given  dates  as  of  the  day  of  presentation. 

Sec.  137.  Liability  of  drawee  for  destroying  bill — Where  a  drawee 
to  whom  a  bill  is  delivered  for  acceptance  destroys  the  same,  or  refuses 
within  twenty-four  hours  after  such  delivery,  or  within  such  other 
period  as  the  holder  may  allow,  to  return  the  bill  accepted  or  non- 
accepted  to  the  holder,  he  will  be  deemed  to  have  accepted  the  same. 

Sec.  138.  Acceptance  of  incomplete  bill — A  bill  may  be  accepted 
before  it  has  been  signed  by  the  drawer,  or  while  otherwise  incom- 
plete, or  when  it  is  overdue,  or  after  it  has  been  dishonored  by  a 
previous  refusal  to  accept,  or  by  nonpayment.  But  when  a  bill  payable 
after  sight  is  dishonored  by  nonaceeptance  and  the  drawee  subse- 
quently accepts  it,  the  holder,  in  the  absence  of  any  different  agree- 
ment, is  entitled  to  have  the  bill  accepted  as  of  the  date  of  the  first 
presentment. 

Sec.  139.  An  acceptance  is  either  general  or  qualified. — A  general 
acceptance  assents  without  qualification  to  the  order  of  the  drawer.  A 
qualified  acceptance  in  express  terms  varies  the  effect  of  the  bill  as 
drawn. 

Sec.  140.  General  acceptance — An  acceptance  to  pay  at  a  particular 
place  is  a  general  acceptance  unless  it  expressly  states  that  the  bill  is 
to  be  paid  there  only  and  not  elsewhere. 

Sec.  141.  Qualified  acceptance — An  acceptance  is  qualified,  which  is: 
(1)  Conditional,  that  is  to  say,  which  makes  payment  by  the  acceptor 
dependent  on  the  fulfillment  of  a  condition  therein  stated;  (2)  partial, 
that  is  to  say,  an  acceptance  to  pay  part  only  of  the  amount  for  which 
the  bill  is  drawn;  (3)  local,  that  is  to  say,  an  acceptance  to  pay  only 
at  a  particular  place;  (4)  qualified  as  to  time;  (5)  the  acceptance  of 
some  one  or  more  of  the  drawees,  but  not  of  all. 

Sec.  142.  Rights  of  parties  as  to  qualified  acceptance — The  holder 
may  refuse  to  take  a  qualified  acceptance,  and  if  he  does  not  obtain 
an  unqualified  acceptance,  he  may  treat  the  bill  as  dishonored  by 
nonaceeptance.  Where  a  qualified  acceptance  is  taken,  the  drawer 
and  indorsers  are  discharged  from  liability  on  the  bill  unless  they  have 
expressly  or  impliedly  authorized  the  holder  to  take  a  qualified  accept- 
ance, or  subsequently  assent  thereto.  When  the  drawer  or  an  indorser 
receives  notice  of  a  qualified  acceptance,  he  must  within  a  reasonable 
time  express  his  dissent  to  the  holder,  or  he  will  be  deemed  to  have 
assented  thereto. 


236  NOTARIES  PUBLIC. 

ARTICLE    III. 
PRESENTMENT  FOR  ACCEPTANCE. 

Sec.  143.  Presentment  for  acceptance  must  be  made:  (1)  "Where 
the  bill  is  payable  after  sight,  or  in  any  other  case  where  present- 
ment for  acceptance  is  necessary  in  order  to  fix  the  maturity  of  the 
instrument;  or  (2)  where  the  bill  expressly  stipulates  that  it  shall 
be  presented  for  acceptance;  or  (3)  where  the  bill  is  drawn  payable 
elsewhere  than  at  the  residence  or  place  of  business  of  the  drawee. 
In  no  other  case  is  presentment  for  acceptance  necessary  in  order  to 
render  any  party  to  the  bill  liable. 

Sec.  144.  Failure  to  present  releases  drawer  and  indorsers — Except 
as  herein  otherwise  provided,  the  holder  of  a  bill,  which  is  required 
by  the  next  preceding  section  to  be  presented  for  acceptance,  must  either 
present  it  for  acceptance  or  negotiate  it  within  a  reasonable  time. 
If  he  fail  to  do  so  the  drawer  and  all  indorsers  are  discharged. 

Sec.  145.  Presentment;  how  made — Presentment  for  acceptance 
must  be  made  by  or  on  behalf  of  the  holder  at  a  reasonable  hour,  on 
a  business  day  and  before  the  bill  is  overdue,  to  the  drawee  or  some 
person   authorized   to   accept   or   refuse   acceptance   on   his   behalf;    and 

(1)  where  a  bill  is  addressed  to  two  or  more  drawees  who  are  not 
partners,  presentment  must  be  made  to  them  all,  unless  one  has 
authority  to  accept  or  refuse  acceptance  for  all,  in  which  case  present- 
ment may  be  made  to  him  only.  (2)  Where  the  drawee  is  dead, 
presentment  may  be  made  to  his  personal  representative.  (3)  Where 
the  drawee  has  been  adjudged  a  bankrupt  or  an  insolvent,  or  has  made 
an  assignment  for  the  benefit  of  creditors,  presentment  may  be  made 
to  him  or  to  his  trustee  or  assignee. 

Sec.  146.  Days  for  presentation — A  bill  may  be  presented  for 
acceptance  on  any  day  on  which  negotiable  instruments  may  be  pre- 
sented for  payment  under  the  provisions  of  sections  seventy-two  and 
eighty-five  of  this  act.  When  Saturday  is  not  otherwise  a  holiday, 
presentment  for  acceptance  may  be  made  before  twelve  o'clock  noon  on 
that  day. 

Sec.  147.  Time  insufficient — Where  the  holder  of  a  bill  drawn  pay- 
able elsewhere  than  at  the  place  of  business  or  the  residence  of  the 
drawee,  has  not  time,  with  the  exercise  of  reasonable  diligence,  to 
present  the  bill  for  acceptance  before  presenting  it  for  payment  on  the 
day  that  it  falls  due,  the  delay  caused  by  presenting  the  bill  for 
:;ccoptance  before  presenting  it  for  payment  is  excused,  and  does  not 
discharge  the  drawers  and  indorsers. 

Sec.  148.  Presentment  for  acceptance  is  excused,  and  a  bill  may  be 
treated  as  dishonored  by  nonacceptance,  in  either  of  the  following 
cases:  (1)  Where  the  drawee  is  dead,  or  has  absconded,  or  is  a  ficti- 
tious  person,    or    a    person    not    having    capacity    to    contract    by    bill; 

(2)  where,  after  the  exercise  of  reasonable  diligence,  presentment 
cannot  be  made;  (3)  where,  although  presentment  has  been  irregular, 
acceptance  has  been  refused   on  some  other  ground. 


NEGOTIABLE  INSTRUMENTS.  237 

Sec.  149.  A  bill  is  dishonored  by  nonacceptance:  (1)  When  it  is 
duly  presented  for  acceptance  and  such  an  acceptance  as  is  prescribed 
by  this  act  is  refused  or  cannot  be  obtained,  or  (2)  when  presentment 
for  acceptance  is  excused  and  the  bill  is  not  accepted. 

Sec.  150.  Duty  of  holder  when  not  accepted — Where  a  bill  is  duly 
presented  for  acceptance  and  is  not  accepted  within  the  prescribed  time, 
the  person  presenting  it  must  treat  the  bill  as  dishonored  by  nonaccept- 
ance or  he  loses  the  right  of  recourse  against  the  drawer  and  indorsers. 

Sec.  151.  Eights  of  holder  when  not  accepted — When  a  bill  is  dis- 
honored by  nonacceptance,  an  immediate  right  of  recourse  against  the 
drawers  and  indorsers  accrues  to  the  holder,  and  no  presentment  for 
payment  is  necessary. 

ARTICLE    IV. 
PROTEST. 

Sec.  152.  Protest  necessary — Where  a  foreign  bill  appearing  on  its 
face  to  be  such  is  dishonored  by  nonacceptance,  it  must  be  duly  pro- 
tested for  nonacceptance,  and  where  such  a  bill  has  not  previously  been 
dishonored  by  nonacceptance  is  dishonored  by  nonpayment,  it  must 
be  duly  protested  for  nonpayment.  If  it  is  not  so  protested,  the  drawer 
and  indorsers  are  discharged.  Where  a  bill  does  not  appear  on  its 
face  to  be  a  foreign  bill,  protest  thereof  in  case  of  dishonor  is  unneces- 
sary. 

Sec.  153.  How  made — The  protest  must  be  annexed  to  the  bill, 
or  must  contain  a  copy  thereof,  and  must  be  under  the  hand  and  seal 
of  the  notary  making  it,  and  must  specify  (1)  the  time  and  place  of 
presentment;  (2)  the  fact  that  presentment  was  made  and  the  manner 
thereof;  (3)  the  cause  or  reason  for  protesting  the  bill;  (4)  the  de- 
mand made  and  the  answer  given,  if  any,  or  the  fact  that  the  drawee 
or  acceptor  could  not  be  found. 

Sec.  154.  By  whom — Protest  may  be  made  by  (1)  a  notary  public; 
or  (2)  by  any  respectable  resident  of  the  place  where  the  bill  is  dis- 
honored, in  the  presence  of  two  or  more  credible  witnesses. 

Sec.  155.  Wnen  to  be  made — When  a  bill  is  protested,  such  protest 
must  be  made  on  the  day  of  its  dishonor,  unless  delay  is  excused  as 
herein  provided.  When  a  bill  has  been  duly  noted,  the  protest  may  be 
subsequently  extended  as  of  the  date  of  the  noting. 

Sec.  156.  Where  made — A  bill  must  be  protested  at  the  place  where 
it  is  dishonored,  except  that  when  a  bill,  drawn  payable  at  the  place 
of  business  or  residence  of  some  person  other  than  the  drawee,  has 
been  dishonored  by  nonacceptance,  it  must  be  protested  for  nonpayment 
at  the  place  where  it  is  expressed  to  be  payable,  and  no  further  pre- 
sentment for  payment  to,  or  demand  on,  the  drawee  is  necessary. 

Sec.  157.  Nonacceptance  and  nonpayment — A  bill  which  has  been 
protested  for  nonacceptance  may  be  subsequently  protested  for  non- 
payment. 

Sec.  158.  Protest  before  maturity — insolvent — Where  the  acceptor 
has  been  adjudged  a  bankrupt  or  an  insolvent,  or  has  made  an  assign- 
ment for  the  benefit  of  creditors,  before  the  bill  matures,  the  holder 


238  NOTARIES  PUBLIC. 

may  cause  the  bill  to  be  protested  for  better  security  against  t^he 
drawer  and  indorsers. 

Sec.  159.  Protest  is  dispensed  with  by  any  circumstances  which 
would  dispense  with  notice  of  dishonor.  Delay  in  noting  or  protesting 
is  excused  when  delay  is  caused  by  circumstances  beyond  the  control 
of  the  holder  and  not  imputable  to  his  default,  misconduct,  or  negli- 
gence. "When  the  cause  of  delay  ceases  to  operate,  the  bill  must  be 
noted   or   protested  with   reasonable   diligence. 

Sec.  160.  Where  a  bill  is  lost  or  destroyed  or  is  wrongly  detained 
from  the  person  entitled  to  hold  it,  protest  may  be  made  on  a  copy  or 
written  particulars  thereof. 

ARTICLE    V. 

ACCEPTANCE  FOR  HONOR. 

Sec.  161.  When  may  be — Where  a  bill  of  exchange  has  been  pro- 
tested for  dishonor  by  nonacceptance  or  protested  for  better  security 
and  is  not  overdue,  any  person  not  being  a  party  already  liable 
thereon  may,  with  the  consent  of  the  holder,  intervene  and  accept  the 
bill  supra  protest  for  the  honor  of  any  party  liable  thereon  or  for  the 
honor  of  the  person  for  whose  account  the  bill  is  drawn.  The  accept- 
ance for  honor  may  be  for  part  only  of  the  sum  for  which  the  bill 
is  drawn;  and  where  there  has  been  an  acceptance  for  honor  for  one 
party,  there  may  be  a  further  acceptance  by  a  different  person  for 
the  honor  of  another  party. 

Sec.  162.  How — An  acceptance  for  honor  supra  protest  must  be  in 
writing  and  indicate  that  it  is  an  acceptance  for  honor,  and  must  be 
signed  by  the  acceptor  for  honor. 

Sec.  163.  When  deemed  for  drawer — Where  an  acceptance  for  honor 
does  not  expressly  state  for  whose  honor  it  is  made,  it  is  deemed  to 
be  an  acceptance  for  the  honor  of  the  drawer. 

Sec.  164.  The  acceptor  for  honor  is  liable  to  the  holder  and  to 
all  parties  to  the  bill  subsequent  to  the  ptrty  for  whose  honor  he  has 
accepted. 

Sec.  165.  The  acceptor  for  honor  by  such  acceptance  engages  that 
he  will  on  due  presentment  pay  the  bill  according  to  the  terms  of  his 
acceptance,  provided  it  shall  not  have  been  paid  by  the  drawee,  and 
provided  also  that  it  shall  have  been  duly  presented  for  payment  and 
protested  for  nonpayment  and  notice   of   dishonor   given  to  him. 

Sec.  166.  Maturity  when  payable  after  sight — Where  a  bill  payable 
after  sight  is  accepted  for  honor,  its  maturity  is  calculated  from  the 
date  of  the  noting  for  nonacceptance  and  not  from  the  date  of  the 
acceptance  for  honor. 

Sec.  167.  Protest  when  accepted  for  honor — Where  a  dishonored 
bill  has  been  accepted  for  honor  supra  protest  or  contains  a  reference  in 
case  of  need,  it  must  be  protested  for  nonpayment  before  it  is  pre- 
sented for  payment  to  the  acceptor  for  honor  or  referee  in  case  of 
need. 

Sec.  168.    Presentment  for  payment  to  the  acceptor  for  honor  must 


NEGOTIABLE  INSTRUMENTS.  239 

be  made  as  follows:  (1)  If  it  is  to  be  presented  in  the  place  where 
the  protest  for  nonpayment  was  made,  it  must  be  presented  not  later 
than  the  day  following  its  maturity.  (2)  If  it  is  to  be  presented  in 
some  other  place  than  the  place  where  it  was  protested,  then  it  must 
be  forwarded  within  the  time  specified  in  section  104. 

Sec.  169.  Delay  excused — The  provisions  of  section  81  apply  where 
there  is  delay  in  making  presentment  to  the  acceptor  for  honor  or 
referee  in  case  of  need. 

See.  170.  When  dishonored  must  be  protested — When  the  bill  is 
dishonored  by  the  acceptor  for  honor  it  must  be  protested  for  non- 
payment  by   him. 

ARTICLE    VI. 
PAYMENT   FOR   HONOR. 

Sec.  171.  Who  may  make. — Where  a  bill  has  been  protested  for  non- 
payment, any  person  may  intervene  and  pay  it  supra  protest  for  the 
honor  of  any  person  liable  thereon  or  for  the  honor  of  the  person  for 
whose   account  it  was   drawn. 

Sec.  172.  How  made — The  payment  for  honor  supra  protest  in  order 
to  operate  as  such  and  not  as  a  mere  voluntary  payment  must  be  at- 
tested by  a  notarial  act  of  honor  which  may  be  appended  to  the  pro- 
test or  from  an  extension  to  it. 

Sec.  173.  Declaration  before  payment — The  notarial  act  of  honor 
must  be  founded  on  a  declaration  made  by  the  payer  for  honor  or  by 
his  agent  in  that  behalf  declaring  his  intention  to  pay  the  bill  for 
honor  and  for  whose  honor  he  pays. 

Sec.  174.  Preference  of  parties  offering  to  pay — Where  two  or  more 
persons  offer  to  pay  a  bill  for  the  honor  of  different  parties,  the  person 
whose  payment  will  discharge  most  parties  to  the  bill  is  to  be  given  the 
preference. 

Sec.  175.  Effect  on  subsequent  parties — Where  a  bill  has  been  paid 
for  honor,  all  parties  subsequent  to  the  party  for  whose  honor  it  is 
paid  are  discharged,  but  the  payer  for  honor  is  subrogated  for,  and 
succeeds  to,  both  the  rights  and  duties  of  the  holder  as  regards  the 
party  for  whose  honor  he  pays  and  all  parties  liable  to  the  latter. 

Sec.  176.  Where  the  holder  of  a  bill  refuses  to  receive  payment 
supra  protest,  he  loses  his  right  of  recourse  against  any  party  who 
would  have  been  discharged  by  such  payment. 

Sec.  177.  Rights  of  payer  for  honor — The  payer  for  honor  on  paying 
to  the  holder  the  amount  of  the  bill  and  the  notarial  expenses  incident 
to  its  dishonor,  is  entitled  to  receive  both  the  bill  itself  and  the  protest. 

ARTICLE   VII. 

BILLS   IN    A   SET. 

Sec.  178.  Bills  in  set  constitute  one  bill — Where  a  bill  is  drawn 
in  a  set,  each  part  of  the  set  being  numbered  and  containing  a  refer- 
ence to  the  other  parts,  the  whole  of  the  parts  constitute  one  bill. 


240  NOTARIES  PUBLIC. 

Sec.  179.  Eights  of  holders  of  different  parts — Where  two  or  more 
parts  of  a  set  are  negotiated  to  different  holders  in  due  course,  the 
holder  whose  title  first  accrues  is,  as  between  such  holders,  the  true 
owner  of  the  bill.  But  nothing  in  this  section  affects  the  rights  of  a 
person  who  in  due  course  accepts  or  pays  the  part  first  presented  to  him. 

Sec.  180.  Where  the  holder  of  a  set  indorses  two  or  more  parts  to 
different  persons  he  is  liable  on  every  such  part,  and  every  indorser 
subsequent  to  him  is  liable  on  the  part  he  has  himself  indorsed,  as  if 
such  parts  were  separate  bills. 

Sec.  181.  The  acceptance  may  be  written  on  any  part  and  it  must 
be  written  on  one  part  only.  If  the  drawee  accepts  more  than  one 
part,  and  such  accepted  parts  are  negotiated  to  different  holders  in 
due  course,  he  is  liable  on  every  such  part  as  if  it  were  a  separate  bill. 

Sec.  182.  When  the  acceptor  of  a  bill  drawn  in  a  set  pays  it  without 
requiring  the  part  bearing  his  acceptance  to  be  delivered  up  to  him, 
and  that  part  at  maturity  is  outstanding  in  the  hands  of  a  holder  in 
due  course,  he  is  liable  to  the  holder  thereon. 

Sec.  183.  Payment  of  one  discharges  all — Except  as  herein  otherwise 
provided,  where  any  one  part  of  a  bill  drawn  in  a  set  is  discharged  by 
payment  or  otherwise,  the  whole  bill  is  discharged. 

TITLE    III. 
PROMISSORY  NOTES  AND  CHECKS. 

Sec.  184.  Note  defined — A  negotiable  promissory  note  within  the 
meaning  of  this  act  is  an  unconditional  promise  in  writing  made  by 
one  person  to  another  signed  by  the  maker  engaging  to  pay  on  demand 
or  at  a  fixed  or  determinable  future  time,  a  sum  certain  in  money  to 
order  or  to  bearer.  Where  a  note  is  drawn  to  the  maker's  own  order, 
it  is  not  complete  until  indorsed  by  him. 

Sec.  185.  Check  defined — A  check  is  a  bill  of  exchange  drawn  on  a 
bank  payable  on  demand.  Except  as  herein  otherwise  provided,  the 
provisions  of  this  act,  applicable  to  a  bill  of  exchange  payable  on  de- 
mand, apply  to  a  check. 

Sec.  186.  A  check  must  be  presented  for  payment  within  a  reason- 
able time  after  its  issue  or  the  drawer  will  be  discharged  from  liability 
thereon  to  the  extent  of  the  loss  caused  by  the  delay. 

Sec.  187.  Where  a  check  is  certified  by  the  bank  on  which  it  is 
drawn,  the  certification  is  equivalent  to  an  acceptance. 

Sec.  188.  Where  the  holder  of  a  check  procures  it  to  be  accepted 
or  certified  the  drawer  and  all  indorsers  are  discharged  from  liability 
thereon. 

Sec.  189.  A  check  of  itself  does  not  operate  as  an  assignment  of 
any  part  of  the  funds  to  the  credit  of  the  drawer  with  the  bank,  and 
the  bank  is  not  liable  to  the  holder,  unless  and  until  it  accepts  or 
certifies  the  check. 


NEGOTIABLE  INSTRUMENTS.  241 

STATUTORY  REQUIREMENTS. 

§459.  Alabama— PROTEST — Damages,  cover  exchange  in  this 
country.  For  foreign  currency  add  exchange.  NOTICE  OF  PROTEST 
— Mail  to  where  party  resided,  personal  notice  not  necessary.  DAYS 
OF  GRACE— Are  allowed.  HOLIDAYS— Sundays,  Jan.  1,  Feb.  22, 
April  26,  July  4,  Thanksgiving,  Good  Friday  and  Mardi  Gras,  Dec.  25, 
first  Monday  in  September.  If  any  fall  on  a  Sunday  then  the  follow- 
ing Monday;  paper  entitled  to  days  of  grace  or  subject  to  protest  fall- 
ing due  on  a  holiday,  must  be  taken  as  due  on  the  next  succeeding 
business  day.     Legal  interest,  8  per  cent. 

§  460.  Alaska— PROTEST— Oregon  laws  govern.  HOLIDAYS— 
Oregon  laws  govern.     DAYS  OF  GRACE— Allowed. 

§  461.  Arizona — See  Uniform  Negotiable  Instrument  Law.  Days 
of  grace  abolished.  When  due  on  Sunday  or  a  holiday  the  instrument 
is  due  on  the  next  succeeding  business  day.  HOLIDAYS — Sundays, 
Jan.  1,  Feb.  22,  May  30,  July  4,  Dec.  25,  State  election  days,  Thanks- 
giving day,  Arbor  day.  If  any  of  these  fall  on  Sunday,  the  following 
Monday  is  observed.  Compute  by  excluding  the  first  and  including  the 
last  day  unless  a  holiday.  Legal  interest,  6  per  cent;  may  agree  in 
writing  for  a  larger  rate. 

§  462.  Arkansas — PROTEST — A  refusal  to  write  the  acceptance  on 
a  bill  subjects  it  to  protest.  A  failure  to  return  the  bill,  accepted  or 
nonaccepted,  within  twenty-four  hours,  is  deemed  an  acceptance.  No- 
tice of  Protest  can  be  mailed  when  the  parties  reside  at  different 
places.  By  the  mail  of  the  day  after  the  dishonor,  if  the  mail  is 
not  closed  before.  It  may  be  sent  by  messenger  or  given  person- 
ally, but  must  reach  the  party  at  farthest  on  the  same  day  it 
would  have  reached  him  by  mail.  (Minehart  v.  Handlin,  37  Ark.,  276.) 
DAYS  OF  GRACE— Are  allowed.  HOLIDAYS— Sunday,  Jan.  1,  Feb. 
22,  July  4,  Thanksgiving  day,  Dec.  25.  Bills  of  exchange,  drafts 
and  promissory  notes  falling  due  on  these  days  shall  be  deemed  as 
due  the  preceding  day,  and  noted  and  protested  then,  provided  it 
shall  not  be  necessary  for  the  holder  of  such  to  give  notice  of  dishonor 
until  the  day  succeeding  the  holiday.  DAMAGES — For  protested  bills 
of  exchange  drawn  or  negotiated  within  the  state,  for  value  received. 
1st.  If  drawn  on  any  person  at  any  place  within  the  State,  2  per 
cent  on  the  principal.  2nd.  If  payable  in  Alabama,  Louisiana,  Mis- 
sissippi, Tennessee,  Kentucky,  Ohio,  Indiana,  Illinois,  Missouri  or  any 
Ohio  river  point,  4  per  cent  on  the  principal.  3rd.  If  payable  within 
the  United  States  other  than  before  stated,  5  per  cent  on  the  princi- 
pal. 4th.  If  payable  without  the  United  States,  10  per  cent  on  the 
principal.  If  for  value  received,  and  payable  to  order  or  bearer,  drawn 
on  any  person  at  any  place  within  the  State,  accepted  and  protested 
for  nonpayment.  1st.  Drawn  by  any  person  at  any  place  within  this 
State,  2  per  cent  on  principal.  2nd.  If  drawn  outside  this  State  but 
within  the  United  States,  6  per  cent  on  principal.  3rd.  If  drawn  out- 
side the  United  States,  at  10  per  cent  on  principal.  In  addition,  pro- 
16 


242  NOTARIES  PUBLIC. 

test  fees  and  interest  at  10  per  cent  per  annum  on  the  principal  are 
allowed  from  the  date  of  protest  until  paid.  Right  of  action  allowed  if 
properly  protested.  Legal  interest  6  per  cent;  can  in  writing  contract 
at  10  per  cent. 

§  463.  California — PROTEST — Must  be  made  by  a  notary,  if  none 
can  be  found,  by  a  reputable  person  in  the  presence  of  two  witnesses. 
Must  be  in  writing,  giving  copy  of  the  bill  or  annexing  the  original, 
the  manner  made,  presence  or  absence  of  the  drawee  or  acceptor,  the 
refusal,  the  reason,  finally  protesting  against  all  parties  to  be  charged. 
In  the  place  presented  for  payment  or  acceptance  on  the  day  of  pre- 
sentment. NOTICE — Can  be  given  only  by  notice  of  protest,  by  the 
notary  protesting.  DAYS  OF  GRACE— Abolished.  HOLIDAYS— Sun- 
day, 1st  day  of  January,  22nd  day  of  February,  30th  day  of  May,  4th 
day  of  July,  9th  day  of  September,  1st  Monday  of  September,  25th 
day  of  December,  1st  days  of  election  in  the  State,  every  Fast,  Thanks- 
giving or  holiday  appointed  by  the  President  of  the  United  States  or 
the  Governor  of  the  State.  If  these  days  fall  on  a  Sunday  then  the 
next  day,  Monday,  is  a  holiday.  Legal  interest  7  per  cent;  a  higher 
rate  permitted  if  in  writing. 

§  464.  Colorado — (See  Sec.  458  Uniform  Negotiable  Instrument  Law.) 
HOLIDAYS — In  cities  of  100,000  population,  during  June,  July  and 
August,  Saturdays  after  12  o'clock,  Sundays,  January  1st,  February  12, 
22,  May  30,  July  4,  December  25,  Thanksgiving  Day,  1st  Monday  in  Sep- 
tember, November  election  day.  If  any  of  these  days  fall  on  a  Sun- 
day, then  the  Monday  following.  When  the  day  of  maturity  falls  upon 
Sunday,  a  holiday  or  part  holiday,  the  instrument  is  payable  on  the  next 
succeeding  business  day.  If  payable  on  Saturday  it  must  be  presented 
on  the  nexc  succeeding  business  day,  except  when  payable  on  demand, 
may,  at  the  option  of  the  holder,  be  presented  for  payment  before  twelve 
o'clock  noon.  The  day  of  date  is  not  a  part  of  the  time.  Legal  interest 
8  per  cent.     Limitation  of  action  on  promissory  notes  is  6  years. 

§  465.  Connecticut — (See  Sec.  458  Uniform  Negotiable  Instrument 
Law.)  HOLIDAYS— January  1,  February  12,  22,  May  30,  July  4,  Sep- 
tember 1st  Monday,  December  25,  Sundays,  Saturady  after  12  o'clock, 
or  any  day  appointed  by  the  President  or  Governor,  as  Thanksgiving 
or  fasting  or  religious  observance.  When  any  of  these  come  on  Sunday 
the  following  Monday  is  to  be  observed.     Legal  interest  6  per  cent. 

§466.  Delaware— PROTEST  AND  NOTICE.  Sufficient  to  mail. 
HOLIDAYS — In  the  City  of  Wilmington,  Saturday  afternoon  after  12 
o'clock  is  a  legal  holiday,  bills  of  exchange,  notes,  drafts,  checks  or 
other  negotiable  instruments  falling  due  at  that  time,  shall  be  due  on 
the  next  succeeding  secular  day,  providing  no  one  shall  incur  any  lia- 
bility for  not  presenting.  December  25,  July  4,  Thanksgiving  Day,  Jan- 
uary 1,  February  22,  May  30,  1st  Monday  in  September.  If  any  of  these 
days  fall  on  Sunday,  then  the  following  Monday  will  be  observed.  Bills, 
notes,  check?  and  other  negotiable  instruments  falling  due  on  these  days 
will  be  due  the  Saturday  preceding.  In  New  Castle  county,  Saturday 
afternoons  will  be  holiday  after  12  o'clock  from  June  1st  to  September 


NEGOTIABLE  INSTRUMENTS.  243 

1st,  inclusive,  notes,  bills  of  exchange,  checks  and  drafts  falling  due 
then  must  be  presented  before  12  o'clock.  DAYS  OF  GRACE — All 
checks,  notes,  drafts  or  bills,  foreign  or  inland,  payable  without  time  or 
at  sight,  are  payable  without  grace.  All  drafts  or  bills  of  exchange 
payable  at  a  future  time,  are  entitled  to  grace,  but  no  checks.  Dam- 
ages on  foreign  protested  bills  of  exchange,  20  per  cent.  Legal  inter- 
est 6  per  cent.    Action  on  note  limited  to  6  years. 

§467.  District  of  Columbia— See  Sec.  458  Uniform  Negotiable  In- 
strument Law.  HOLIDAYS — January  1,  July  4,  December  25,  February 
22,  Presidential  Inauguration  day,  May  30,  Thanksgiving  Day,  1st  Mon- 
day in  September.  Any  of  these  days  falling  on  a  Sunday,  then  the 
succeeding  day  shall  be  observed,  and  any  notes,  drafts,  checks  or  com- 
mercial or  negotiable  paper  falling  due  on  these  days  shall  be  deemed 
as  maturing  on  the  day  next  succeeding.  Every  Saturday  which  under 
existing  laws  shall  not  become  a  legal  holiday  in  its  entirety,  in  ^he 
District  of  Columbia,  shall  therein  be  a  legal  holiday,  from  twelve 
o'clock  at  noon,  for  all  purposes  respecting  the  presentation  for  pay- 
ment or  acceptance  or  the  protesting  or  giving  notice  of  the  dishonor 
of  bills  of  exchange,  bank  checks,  drafts,  promissory  notes,  and  all 
commercial  paper  whatsoever,  whether  made  in  or  beyond  the  said 
District  or  whether  made  before  or  after  the  passage  of  this  act,  and 
all  such  bills  of  exchange,  bank  checks,  drafts,  promissory  notes,  and 
commercial  paper  which  otherwise  would  be  due  and  payable  or  pre- 
sentable for  acceptance  or  payment  in  said  District,  on  such  half  holiday 
Saturday,  shall  therein  be  due  and  payable  or  presentable  for  accept- 
ance or  payment  on  the  secular  or  business  day  next  succeeding.  Pro- 
vided, however,  that  any  acceptance  or  payment  thereof  with  interest 
thereon  to  said  date  when  the  same  bears  interest  made  on  such  half 
holiday  Saturday,  before  twelve  o'clock  noon,  shall  be  lawful.  (U.  S. 
Rev.  Stat.  Supp.,  vol.  2,  pp.  136-7.)  Legal  interest  6  per  cent.  Action  on 
promissory  notes  limited  to  3  pears. 

§  468.  Florida — (See  Sec.  458  Uniform  Negotiable  Instrument  Law.) 
HOLIDAYS — Sunday,  April  26,  January  19,  January  1,  February  22, 
July  4,  December  25,  general  election  day,  Thanksgiving.  Whenever 
any  of  these  days  fall  on  a  Sunday  the  Monday  following  to  be  observed. 
All  bills,  notes  and  checks  falling  due  on  these  days  are  presentable  on 
the  Saturday  preceding.  DAMAGES — On  foreign  protested  bills,  5  per 
cent.     Legal  interest  8  per  cent.    Action  on  notes  limited  to  5  years. 

§  469.  Georgia — INDORSER — Anyone  indorsing  or  transferring  a 
negotiable  instrument  may  limit  their  responsibility  by  express  re- 
strictions. Every  transferer  of  a  negotiable  instrument  warrants,  un- 
less otherwise  agreed  by  the  parties,  that  he  is  the  lawful  holder,  and 
that  the  instrument  is  genuine.  If  there  are  several  indorsers  each  is 
liable  to  subsequent  ones;  or  the  indorser  will  not  be  held  liable 
thereon;  but  it  shall  not  be  necessary  to  protest  in  order  to  bind  in- 
dorsers, except,  when  a  paper  is  made  payable  on  its  face  at  a  bank  or 
banker's  office,  or  when  it  is  discounted  at  a  bank  or  banker's  office,  or 


244  NOTARIES  PUBLIC. 

when  it  is  left  at  a  bank  or  banker's  office  for  collection.  Damages  on 
bills  of  exchange  payable  out  of  this  State  and  in  the  United  States,  when 
returned  protested  for  nonacceptance  or  nonpayment,  the  holder  shall  be 
entitled  to  recover  of  the  drawer  and  indorsers  in  the  first  case  and  the 
acceptor  also  in  the  latter  case,  in  addition  to  the  principal,  interest  and 
protest  fees,  five  per  cent  damages  on  the  principal.  If  without  the 
United  States,  ten  per  cent.  The  indorser  may  be  sued  in  the  same 
action,  and  in  the  same  county  with  the  maker,  or  drawer,  or  acceptor. 
The  holder  of  a  negotiable  instrument  receiving  the  same  before  due, 
without  notice  of  any  defect  or  defense,  shall  be  protected  from  any 
defenses  set  up  by  the  maker,  acceptor  or  indorser,  except  non  est 
factum,  gambling  or  immoral  and  illegal  considerations,  or  fraud  in  its 
procurement.  PROTEST  AND  NOTICE— When  bills  of  exchange  and 
promissory  notes  are  made  for  negotiation  or  intended  to  be  nego- 
tiated at  a  chartered  bank,  and  are  not  paid  at  maturity,  notice  of  non- 
payment and  of  the  protest  for  nonpayment  or  nonacceptance  must  be 
given  to  the  indorsers  within  a  reasonable  time,  either  personally  or  by 
post  (if  the  residence  of  the  indorser  be  known).  DAYS  OF  GRACE 
abolished.  HOLIDAYS — January  1,  January  19,  February  22,  April  26, 
July  4,  December  25,  1st  Monday  in  September,  Thanksgiving  Day 
or  any  other  declared  by  the  law  of  Georgia  to  be  a  public  holiday, 
shall,  as  regards  the  presenting  for  payment  or  acceptance,  and  the 
protesting  and  giving  notice  of  the  dishonor  of  bills  of  exchange, 
bank  checks  and  promissory  notes,  be  treated  and  considered  as  the 
first  day  of  the  week,  called  Sunday,  and  as  public  holidays;  such 
bills,  checks  and  notes,  otherwise  presentable  on  said  days,  shall  be 
deemed  to  be  presentable  on  the  secular  or  business  day  next  pre- 
ceding, except,  when  such  holiday  falls  upon  Sunday,  the  Monday  next 
following  shall  be  deemed  a  public  holiday,  and  papers  due  on  such 
Sunday  shall  be  payable  on  the  Saturday  preceding;  papers  otherwise 
payable  on  such  Monday,  shall  be  payable  on  the  Tuesday  thereafter. 
Whenever  these  days  shall  fall  on  Saturday,  papers  due  on  the  Sunday 
following  shall  be  payable  on  the  Monday  succeeding.  Whenever 
either  of  said  days  shall  fall  on  Monday,  papers  which  would  other- 
wise be  payable  on  that  day,  shall  be  payable  on  the  Tuesday  next 
succeeding.  Paper  payable  on  demand  is  due  immediately.  When  no 
time  is  specified  for  the  payment  of  a  bill  or  order,  it  is  due  as  soon  as 
presented  and  accepted.  DAMAGES  on  bills  payable  outside  the  State, 
protested,  5  per  cent;  outside  the  United  States,  10  per  cent  in  addition 
to  principal,  interest  and  protest  fees.  Legal  interest  7  per  cent;  may 
permit  8  in  writing.     Action  on  notes  limited  to  6  years. 

§  470.  Hawaiian  Islands — HOLIDAYS  January  1,  17,  June  11,  July 
4,  3rd  Saturday  of  September,  November  28,  December  25.  DAYS  OF 
GRACE — Three  allowed  in  all  bills.  If  they  fall  on  Sunday  then  only 
two  days.  Legal  interest  9  per  cent;  on  written  contract  2%  per  cent 
per  month  is  permitted. 

§  471.  Idaho — See  Sec.  458  Uniform  Negotiable  Instrument  Law. 
PRESENTMENT  FOR  ACCEPTANCE— Must  be  made,  where  the  bill 
is  payable  after  sight  or  in  any  other  case  where  presentment  for  ac- 


NEGOTIABLE  INSTRUMENTS.  245 

ceptance  is  necessary  in  order  to  fix  the  maturity  of  the  instrument;  or 
where  the  bill  expressly  stipulates  that  it  shall  be  presented  for  accept- 
ance; or  where  the  bill  is  drawn  payable  elsewhere  than  at  the  resi- 
dence or  place  of  business  of  the  drawee.  In  no  case  is  presentment 
for  acceptance  necessary  in  order  to  render  any  party  to  the  bill 
liable.  PROTEST  may  be  made  by  a  notary  public;  or  by  any  re- 
spectable resident  of  the  place  where  the  bill  is  dishonored,  in  the 
presence  of  two  or  more  credible  witnesses.  Must  be  made  on  the 
day  of  its  dishonor  unless  delay  is  excused  as  provided  for  by  the  law. 
Protest  must  be  made  where  the  bill  is  dishonored  unless  drawn  pay- 
able at  the  place  of  business  or  residence  of  some  person  other  than 
the  drawee,  has  been  dishonored  by  nonacceptance,  it  must  be  protested 
for  nonpayment  at  the  place  where  it  is  expressed  to  be  payable,  and 
no  other  presentment  for  payment  to,  or  demand  on,  the  drawee  is  neces- 
sary. A  bill  protested  for  nonacceptance  may  be  protested  for  non- 
payment. Delay  in  noting  or  protesting  is  excused  when  delay  is 
caused  by  circumstances  beyond  the  control  of  the  holder  and  not 
imputable  to  his  default,  misconduct,  or  negligence.  When  the  delay 
ceases  the  bill  must  be  protested  with  reasonable  diligence.  NOTICE 
of  dishonor  must  be  given  to  the  drawer  and  to  each  indorser,  those 
to  whom  it  is  not  given  are  discharged.  It  may  be  given  by  or  on 
behalf  of  the  holder,  or  by  or  on  behalf  of  any  party  to  the  instru- 
ment who  might  be  compelled  to  pay  it  to  the  holder,  and  who,  upon 
taking  it  up,  would  have  a  right  to  reimbursement  from  the  party  to 
whom  the  notice  is  given.  DAYS  OF  GRACE  abolished.  HOLIDAYS, 
Sunday,  January  1,  February  22,  July  4,  December  25,  election  days 
throughout  the  State,  first  Friday  in  May,  Thanksgiving  or  Fast  days 
appointed  by  the  President  or  Governor.  Any  act  of  a  secular  nature 
falling  upon  these  days  may  be  performed  upon  the  next  business  day. 
Legal  interest  7  per  cent;  permit  12  per  cent  on  written  contract. 
Action  on  note  limited  to  5  years. 

§472.  Illinois— PRESENTMENT.  The  holder  of  the  instrument, 
or  his  authorized  agent  (which  a  notary  would  be)  is  the  proper  per- 
son to  present  the  same  for  acceptance.  PLACE — Presentment  for  ac- 
ceptance may  be  made  either  at  the  drawee's  place  of  business  or  at 
his  dwelling.  BY  "WHOM — A  demand  of  payment  must  be  made  on 
every  bill,  note  or  other  written  negotiable  instrument  before  the  same 
can  be  protested,  notary  publics  to  perform  this  duty.  MANNER — 
A  proper  presentment  for  acceptance  is  the  taking  of  the  bill  to  the 
drawee  and  asking  his  acceptance.  There  is  no  prescribed  form. 
TIME — A  month  is  a  calendar  month,  and  a  year  twelve  calendar 
months;  a  day  shall  be  considered  a  thirtieth  part  of  a  month.  HOLI- 
DAYS— The  first  day  of  January,  New  Year's  Day;  twenty-second  day 
of  February,  Washington's  birthday;  thirtieth  day  of  May,  Decoration 
Day;  Fourth  of  July,  Declaration  Day;  twenty-fifth  day  of  December, 
Christmas  day;  first  Monday  of  September,  Labor  Day;  twelfth  day  of 
February,  Lincoln's  birthday;  first  day  of  each  week,  Sunday;  any 
day  appointed  by  the  Governor  of  the  State  or  the  President  of  the 
United  States,   as  a  day  of  fast,  or  Thanksgiving,  are   declared  legal 


246  NOTABLES  PUBLIC. 

holidays,  and  for  all  purposes  whatsoever  as  regards  giving  notice,  etc., 
of  the  dishonor  of  negotiable  instruments  are  to  be  considered  the 
same  as  Sundays.  All  notices  falling  due  or  maturing  on  these  days, 
shall  be  deemed  as  due  on  the  day  following,  and  when  two  or  more 
of  these  days  come  together,  or  immediately  succeed  each  other,  then 
upon  the  day  following  the  last  of  such  days.  DAYS  OF  GBACE — Are 
abolished.  PBOTEST — Notaries  public  are  authorized  to  protest  for 
nonpayment  or  acceptance,  all  negotiable  instruments.  DAMAGES — 
On  bills  of  exchange,  drawn  or  indorsed  within  this  State,  and  payable 
without  the  limits  of  the  United  States,  is  duly  protested  for  nonac- 
ceptance  or  nonpayment,  the  drawer  or  indorser  on  notice  being  given, 
shall  pay  said  bill  with  legal  interest,  from  the  time  due,  until  paid, 
and  ten  per  cent  damages  in  addition,  together  with  the  costs  and 
charges  of  protest.  Drawn  upon  any  person,  out  of  this  State,  but 
within  the  United  States,  presented  for  acceptance  or  payment  and 
protested,  the  drawer  or  indorser  thereof,  notice  being  given,  shall 
pay  said  bill,  with  legal  interest  from  the  time  due  until  paid,  with 
cost  and  charges  of  protest,  and  in  case  suit  has  to  be  brought,  five  per 
cent  damage  in  addition.  BECOBD — Notary  publics  shall  keep  a  cor- 
rect record  of  all  notices,  and  the  time  and  manner  served,  names 
of  all  parties  to  whom  directed,  the  description  and  amount  of  the 
instrument  protested.  EVIDENCE — Said  record,  or  copy  certified,  un- 
der the  hand  and  seal  of  the  notary  public  or  county  clerk,  having  the 
custody  of  the  original  record,  shall  be  competent  evidence  to  prove 
the  facts  stated,  but  the  same  may  be  contradicted  by  other  competent 
evidence.  PBOTESTS — Notices — Every  notary  public  in  this  State 
making  a  protest  shall  give  notice  in  writing  to  the  maker,  and  to  each 
indorser,  on  the  day  protest  is  made,  or  within  forty-eight  hours  from 
the  time  of  such  protest;  notary  public  to  personally  serve  the  notice, 
provided  he  or  they  reside  in  the  town,  precinct,  city  or  village  where 
such  protest  was  made,  or  within  one  mile  thereof;  but  if  such  person 
or  persons  reside  more  than  one  mile  from  such  town,  precinct,  city 
or  village,  then  the  notice  may  be  forwarded  by  mail  or  other  safe  con- 
veyance, if  the  city  where  the  protest  is  made  contains  ten  thousand 
or  more  inhabitants,  the  notice  may  be  forwarded  by  mail.  MONEY 
NOTES — The  rights  of  the  lawful  holders  of  promissory  notes  pay- 
able in  money,  and  the  liabilities  of  all  the  parties  to  or  upon  said 
notes  shall  be  made  the  same  as  that  of  like  parties  to  inland  bills 
of  exchange  according  to  the  custom  of  merchants.  Every  assignor 
of  every  other  note,  bond,  bill  or  other  instrument  in  writing  shall 
lie  liable  to  the  action  of  the  assignee  or  lawful  holder  thereof,  if 
such  assignee  or  lawful  holder  shall  have  used  due  diligence  by  the 
institution  and  prosecution  of  a  suit  against  the  maker  thereof,  for  the 
recovery  of  the  money  or  property  due  thereon,  or  damages  in  lieu 
thereof.  But  if  the  institution  of  such  suit  would  have  been  unavail- 
ing, or  the  maker  had  absconded  or  resided  without  or  had  left  the 
State  when  such  instrument  became  due,  such  assignee  or  holder  may 
recover  against  the  assignee  as  if  due  diligence  by  suit  had  been  used. 
PEBSONS    severally    LIABLE    upon    bills    of    exchange    or    promissory 


NEGOTIABLE  INSTRUMENTS.  247 

notes,  payable  in  money,  may  all,  or  any  of  them  severally,  be  included 
in  the  same  suit  at  the  option  of  the  plaintiff,  and  judgment  rendered 
in  said  suit  shall  be  without  prejudice  to  the  rights  of  the  several 
defendants  as  between  themselves. — S.  &  C.  Anno.  111.  Statutes,  1896. 
Legal  interest,  5  per  cent;  permit  7  per  cent  in  writing.  Action  on  note 
limited  to  10  years. 

§473.  Indian  Territory— ACCEPTANCES  to  be  in  writing  and  on 
the  bill,  an  unconditional  promise  in  writing  to  accept  a  bill  before  it 
is  drawn  shall  be  deemed  an  actual  acceptance  in  favor  of  every  person 
who  in  good  faith  received  the  bill  for  a  valuable  consideration.  Dam- 
ages may  be  recovered  on  refusal  to  accept  when  previously  promised. 
By  destroying  a  bill,  or  refusal  to  accept  it  twenty-four  hours  after  its 
receipt,  is  considered  an  acceptance.  PROTEST  by  notary.  DAYS  OF 
GRACE,  allowed.  NOTICE  by  notary.  Protest  of  an  inland  bill  or  a 
promissory  note  is  not  necessary.  Is  if  foreign.  HOLIDAYS — Dec. 
25,  July  4.  Instruments  falling  due  on  these  days  or  Sundays  are 
considered  due  the  preceding  day.  Notice  to  be  given  on  the  day  follow- 
ing the  Sunday  or  holiday.  Damages  in  bills  protested  drawn  on  party 
in  this  State,  2  per  cent  on  principal.  If  payable  in  Alabama,  Louisiana, 
Mississippi,  Tennessee,  Kentucky,  Ohio,  Indiana,  Illinois,  Missouri,  or 
any  point  on  the  Ohio  river,  4  per  cent.  Any  other  place  in  United 
States,  5  per  cent;  out  of  the  United  States,  10  per  cent.  If  drawn  by 
anyone  in  this  State,  2  per  cent;  if  drawn  by  anyone  in  another  State,  6 
per  cent;  if  drawn  by  anyone  out  of  the  U/nited  States,  10  per  cent.  In 
addition,  costs  of  protest  and  10  per  cent  interest.  The  holder  has  right 
of  action  at  law.  LEGAL  INTEREST  6  per  cent,  permit  10  per  cent  in 
writing.     ACTION  on  note  limited  to  5  years. 

§  474.  Indiana— PROTESTS  and  NOTICES  of  to  be  made  and  given 
by  notaries  according  to  custom  of  merchants.  Bank  notes  held  by  an 
individual  on  one  day  presented  for  protest  shall  be  counted,  sealed 
in  a  package,  and  forwarded  to  the  State  Auditor  and  entitled  to  but 
one  protest.  Bank  officers  or  employes  cannot  act  as  notaries.  Any 
assignee,  having  used  due  diligence  in  the  premises,  shall  have  his 
action  against  his  immediate  or  any  remote  indorser;  and  in  suit 
against  a  remote  indorser,  he  shall  have  any  defense  which  he  might 
have  had  in  a  suit  brought  by  his  immediate  assignee.  DAYS  OF 
GRACE — Three  are  allowed.  A  promise  to  pay  money  without  relief 
from  valuation  laws,  judgment  shall  be  rendered  and  execution  had 
accordingly.  HOLIDAYS — Sundays,  Jan.  1,  July  4,  Dec.  25,  Thanks- 
giving day,  Feb.  22,  May  30,  first  Monday  in  September,  general,  na- 
tional or  State  election  days.  Negotiable  or  commercial  paper  matur- 
ing thereon  shall  be  deemed  as  having  matured  on  the  day  previous. 
nnd  when  the  legal  holiday  comes  on  Sunday,  the  day  following  shall  be 
the  holiday.  If  it  fall  on  Monday,  then  the  instrument  shall  be  due 
the  previous  Saturday.  ATTORNEY'S  FEES— Agreements  as  to  at- 
torney's fees  depending  upon  conditions  as  set  forth  in  any  bill  of 
exchange,  acceptance,  draft,  or  other  written  evidence  of  indebtedness, 
are  illegal  and  void.     DAMAGES  on  protest  bills  drawn  or  negotiated 


248  NOTARIES  PUBLIC. 

in  this  State,  on  persons  in  other  states,  5  per  cent.  Outside  the  United 
States,  10  per  cent.  Interest  from  date  of  protest.  If  upon  notice  of 
protest  and  demand,  the  principal  is  paid,  the  cost  of  protest  only  to  be 
charged.  Holder  must  have  given  a  valuable  consideration.  Damages 
do  not  apply  to  notes  discounted  at  bank  and  protested  for  non-payment. 
LEGAL  INTEREST  6  per  cent,  permit  8  in  writing.  ACTION  on  note 
limited  to  10  years. 

On  any  bill  drawn  or  negotiated  in  this  State,  and  payable  at  any 
place  without  the  State,  but  in  regard  to  which  it  shall  appear  that 
it  was  not  to  be  presented  for  acceptance  or  payment  at  that  place, 
if  means  were  provided  for  its  discharge  within  the  State,  no  damages 
or  charges  for  protest  shall  be  allowed.  The  holder  of  any  note  or 
bill  of  exchange,  negotiable  by  the  law  merchant  or  by  the  law  of  this 
State,  may  institute  one  suit  against  the  whole  or  any  number  of  the 
parties  liable  to  such  holder,  but  shall  not  at  the  same  term  of  court, 
institute  more  than  one  suit  on  said  note  or  bill.  Provided,  that  no 
judgment  shall  be  rendered  in  such  suit  against  any  maker  of  such 
note,  drawer  or  acceptor  of  such  bill  unless  suit  is  brought  in  the  county 
where  one  or  more  of  such  makers,  drawers  or  acceptors  reside  at  the 
time  such  suit  is  begun. 

§  475.  Iowa — See  Sec.  458  Uniform  Neg.  Inst.  Law.  DAYS  OF 
GRACE — Abolished,  only  demand  may  be  made  on  any  of  the  three 
days  following  maturity.  HOLIDAYS — Sunday,  January  1,  May  30, 
July  4,  first  Monday  in  September,  Thanksgiving  Day,  December  25, 
Bills  of  exchange,  checks,  promissory  notes  and  any  bank  or  mercantile 
paper  falling  due  on  these  days,  is  due  on  the  succeeding  day.  LEGAL 
INTEREST  6  per  cent,  permit  8  per  cent  in  writing.  ACTION  on  note 
limited  to  10  years. 

§  476.  Kansas— BONDS,  BILLS  OF  EXCHANGE,  promissory  notes, 
drawn  for  any  sums  of  money  certain,  and  payable  to  any  person  or 
order,  or  bearer,  are  negotiable  by  indorsement,  if  payable  to  order,  and 
by  delivery  if  payable  to  bearer.  Any  indorsee  or  holder  may  institute 
and  maintain  suit  for  the  recovery  of  the  money  due  thereon  against 
the  maker,  drawer  or  obligor  or  the  indorser,  having  first  used  due 
diligence  to  collect  the  same.  ACCEPTANCE  to  be  in  writing  on  the 
bill  accepted.  A  destruction  or  withholding  of  the  bill  after  presenta- 
tion for  acceptance  shall  be  deemed  an  acceptance.  Suit  may  be 
brought  jointly  or  severally  against  the  drawers,  indorsers,  makers  or 
obligors  on  a  protested  bill  for  the  principal,  damages,  interest  and 
protest  charges.  PROTEST  AND  NOTICE— Every  notary  public  pro- 
testing, shall  give  immediate  notice  in  writing  to  each  party  protested 
against,  by  depositing  the  same  in  the  mail,  postage  paid,  directed  to  the 
party  at  his  reputed  place  of  residence,  and  shall  deliver  to  the  holder  a 
certificate  of  the  time,  manner  and  service,  and  parties  protested 
against  and  notified,  which  shall  be  due  evidence  of  the  facts  stated 
until  the  contrary  is  shown.  GRACE — Three  days'  grace  are  allowed. 
HOLIDAYS — Sundays,  July  4,  December  25,  January  1,  February  22, 
May  30,   Thanksgiving   Day   and   the  first   Monday   in   September,   are 


NEGOTIABLE  INSTRUMENTS.  249 

legal  holidays.  If  any  of  these  fall  upon  a  Sunday  the  day  succeeding 
will  be  observed.  Bills,  notes,  drafts  and  checks  falling  due  on  these 
days,  with  days  of  grace  added,  will  be  deemed  due  on  the  next  pre- 
ceding business  day.  LEGAL  interest  10  per  cent.  ACTION  on  notes 
limited  to  5  years. 

§477.  Kentucky— BILLS,  NOTES  AND  CHECKS  payable  in  bank 
notes  or  currency,  or  other  funds,  wheresoever  drawn  or  payable  are 
deemed  negotiable,  and  treated  as  if  drawn  for  money,  except  as  to  the 
value  of  the  currency  in  which  they  are  payable.  PROTEST  to  be 
made  by  a  notary.  NOTICE  to  be  sent  to  all  parties  interested  or 
liable.  When  their  residence  is  unknown,  notices  to  be  sent  to  the 
holder  of  the  paper.  Must  state  in  the  protest  the  names  of  parties 
to  whom  sent,  time  and  manner  of  sending.  Protest  under  the  seal  of 
a  notary  for  non-acceptance  or  non-payment  is  prima  facie  evidence 
of  its  dishonor.  A  false  statement  of  protest  or  notice  made  by  notary 
subjects  him  to  imprisonment  from  one  to  five  years.  A  promissory  note 
made  payable  to  the  obligor  or  to  his  order,  signed  on  the  back  by 
him,  and  delivered,  is  a  promise  to  pay  at  maturity  to  the  party  to 
whom  it  is  delivered.  Such  party  may  fill  in  the  blank  with  the  words 
of  promise,  and  recover  thereon  as  if  he  had  been  the  payee.  Such 
note  is  assignable.  DAYS  OF  GRACE— None.  HOLIDAYS— Feb.  22, 
May  30,  July  4,  first  Monday  in  September,  Dec.  25,  Thanksgiving  day, 
and  shall  be  treated  as  Sundays.  If  any  of  these  fall  upon  a  Sunday  the 
day  following  shall  be  observed.  All  notes,  bills,  drafts,  checks,  etc., 
falling  due  on  these  days,  shall  be  deemed  due  or  to  be  presented  for 
acceptance  or  payment  or  protested  or  notice  given,  on  the  Saturday 
previous.  LEGAL  interest  6  per  cent.  ACTION  ON  NOTES  limited 
5  years. 

§  478.  Louisiana — No  obligations  for  the  payment  of  money,  made 
within  this  State,  shall  be  received  as  evidence  of  a  debt  when  the 
whole  sum  shall  be  expressed  in  figures,  unless  the  same  shall  be 
accompanied  by  proof  that  it  was  given  for  the  sum  expressed.  The 
cents  may  be  in  figures.  PROTEST — New  Orleans  notaries  protest 
throughout  the  parish.  If  no  notary  can  be  found,  protest  may  be 
made  in  the  presence  of  two  witnesses,  residents  of  the  parish.  They 
to  certify  and  subscribe  to  same.  Notaries  in  New  Orleans  can  ap- 
point deputies  to  assist  them,  notary  to  be  responsible  for  their  acts. 
The  certificate  to  state  demand,  manner,  circumstances,  manner  of 
service  of  notice,  etc.  Same  to  be  evidence  of  the  facts  stated. 
NOTICE  of  protest  to  be  mailed  to  parties  residing  elsewhere  may  be 
addressed  to  the  place  indicated  on  the  bill  or  note,  if  no  other  address 
is  known.  DAYS  OF  GRACE  are  allowed  on  other  than  drawn  at 
sight.  HOLIDAYS— Jan.  1,  Feb.  22,  Mardi  Gras,  in  New  Orleans,  July 
4,  Dec.  25,  Sundays,  June  3,  Nov.  1,  Thanksgiving  Day  (as  designated 
by  the  President),  first  Monday  in  September,  Saturdays  after  12 
o'clock,  and  Good  Friday.  Bills  falling  due  on  these  days  shall  be 
deemed  due  the  following  business  day.  DAMAGES  on  protested 
bills — If  drawn  and  payable  in  foreign  countries,  $10  per  hundred;  if 


250  NOTARIES  PUBLIC. 

drawn  and  payable  in  any  other  State  in  the  United  States,  $5  per 
hundred.  Damages  are  in  lieu  of  interest,  protest,  and  all  other 
charges,  but  the  holder  shall  be  entitled  to  demand  and  recover  lawful 
interest  and  damages  from  the  time  of  protest.  If  the  amount  of  the 
bill  is  expressed  in  U.  S.  money  the  rate  of  exchange  has  no  con- 
sideration. LEGAL  INTEREST  8  per  cent,  Judicial  banks  special  5 
per  cent. 

§  479.  Maine— ACCEPTANCE— To  be  in  writing  and  signed.  PRO- 
TEST and  notice — Notary  may,  when  requested,  protest  commercial 
paper,  and  notify  each  party  liable  on  same  under  his  signature  and 
official  seal.  DAYS  OF  GRACE  are  abolished.  HOLIDAYS— Sundays, 
Thanksgiving  day,  Jan.  1,  Feb.  22,  May  30,  July  4,  Dec.  25,  first  Monday 
in  September,  and  Saturdays  after  twelve  o'clock.  Any  note,  draft, 
check  or  bill  of  exchange  falling  due  on  these  days  shall  be  payable 
or  presentable  on  the  succeeding  secular  or  business  day.  LEGAL  IN- 
TEREST 6  per  cent.  ACTION  on  note  limited  to  5  years,  witnessed 
notes  to  20  years. 

§  480.  Maryland— See  Sec.  458  Uniform  Neg.  Inst.  Law.  HOLI- 
DAYS— Jan.  1,  Feb.  22,  July  4,  Dec.  25,  Good  Friday,  general  and 
congressional  election  days  throughout  the  State,  May  30,  Thanksgiving 
day.  Any  of  these  days  falling  on  a  Sunday,  the  day  following  shall 
be  observed.  All  bills,  notes,  drafts  and  checks  due  or  presentable  on 
these  days  shall  be  deemed  presentable  the  day  preceding.  Saturday 
afternoon  is  a  legal  holiday  for  the  City  of  Annapolis.  All  negotiable 
paper  falling  due  or  protested  on  that  day  will  be  deemed  due  the 
following  business  day.  DAMAGES  on  a  bill  of  exchange  drawn  in 
this  State  on  persons  in  other  States,  protested,  8  per  cent,  with  costs 
of  protest  and  legal  interest  from  protest.  An  indorser  paying  same 
can  recover  with  interest.  On  persons  in  foreign  countries,  15  per  cent 
on  the  principal,  with  protest  costs  and  legal  interest  from  protest. 
LEGAL  INTEREST  6  per  cent.  ACTION  ON  NOTES  limited  to  6 
years. 

§  481.  Massachusetts— See  Sec.  458  Uniform  Neg.  Inst.  DAYS  OF 
GRACE  are  allowed  on  bills  of  exchange,  and  drafts  payable  in  the 
State  at  sight  only.  HOLIDAYS — Christmas  day,  Thanksgiving  day, 
Feb.  22,  May  30,  July  4,  first  Monday  of  September,  April  19.  "When 
these  occur  on  Sunday,  the  following  day  is  a  legal  holiday.  Promis- 
sory notes,  checks,  drafts  or  bills  of  exchange  falling  due  on  Sunday 
or  a  legal  holiday  shall  be  payable  and  presentable  on  the  next  suc- 
ceeding business  day,  except  those  payable  on  demand  may  be  pre- 
sented before  twelve  o'clock  on  Saturday  when  that  entire  day  is  not 
a  holiday.  DAMAGES  on  a  protested  bill  drawn  or  indorsed  within  the 
State  and  payable  beyond  the  limits  of  the  United  States,  5  per  cent 
at  current  rate  of  exchange  at  time  of  demand,  with  interest  from  date 
of  protest,  in  full  for  all  damages,  charges  and  expenses.  If  payable 
in  Maine,  New  Hampshire,  Vermont,  Rhode  Island,  Connecticut,  or 
New  York,  2  per  cent;  if  in  New  Jersey,  Pennsylvania,  Maryland,  or 
Delaware,  3  per  cent;   if  in  Virginia,  West  Virginia,  North   Carolina, 


NEGOTIABLE    INSTRUMENTS.  251 

South  Carolina,  or  Georgia,  or  in  the  District  of  Columbia,  -4  per  cent; 
if  in  any  other  State,  5  per  cent.  The  rate  of  damages  on  a  sum  of 
money  not  less  than  $100,  payable  not  less  than  75  miles  distant  from 
the  place  where  drawn  or  indorsed,  and  not  accepted,  shall  be  1  per 
cent  in  addition  to  the  principle  and  its  interest.  LEGAL  INTEREST 
6  per  cent,  permit  7  per  cent.     ACTION  on  note  limited  to  6  years. 

§  482.  Michigan— PROTEST  and  notice — Notaries  public  to  protest 
and  give  notice  to  interested  parties  on  commercial  papers  according 
to  the  law  of  nations  and  commercial  usage.  Same  under  notary's 
hand  and  seal  is  presumptive  evidence  of  the  fact.  Notices  of  protest 
to  be  mailed  properly  directed.  Foreign  protested  bills  are  payable  at 
the  current  rate  of  exchange  at  time  of  demand.  Circulating  bank 
notes  may  be  protested  by  notary  at  the  instance  of  the  holder.  Fee 
for  protesting  to  be  paid  by  party  having  them  protested.  DAYS  OF 
GRACE  allowed  on  all  bills,  notes  and  drafts  not  payable  on  demand, 
nor  on  any  bank  or  banker  or  stating  exact  time  of  payment.  Accept- 
ance to  be  in  writing.  HOLIDAYS— Jan.  1,  Feb.  22,  May  30,  July  4, 
first  Monday  in  September,  Dec.  25,  Thanksgiving  day,  Saturday  after 
12  noon.  Any  of  these  days  falling  on  Sunday,  the  following  Monday 
shall  be  observed.  Notes,  bills  of  exchange,  or  checks  falling  due  on 
these  days  shall  be  deemed  due  on  the  next  succeeding  secular  day. 
DAMAGES  on,  5  per  cent,  with  interest.  Damages  on  bills  within  the 
U.  S.,  viz.:  Wis.,  111.,  Ind.,  Pa.,  Ohio,  N.  Y.,  3  per  cent,  with  interest  and 
costs;  Mo.,  Ky.,  Me.,  N.  H.,  Vt.,  Mass.,  R.  I.,  Conn.,  N.  J.,  Del.,  Md., 
Va.,  and  D.  C,  5  per  cent,  with  interest  and  costs;  other  States,  etc., 
10  per  cent,  with  interest  and  costs.  LEGAL  INTEREST  5  per  cent, 
permit  7  per  cent  in  writing.     ACTION  on  note  limited  to  6  years. 

§  483.  Minnesota— DEMAND  NOTES— A  demand  made  at  the  ex- 
piration of  sixty  days  from  the  date  thereof  without  grace,  or  at  any 
time  within  that  term,  shall  be  deemed  a  reasonable  time.  No  present- 
ment of  such  note  to  the  promiser  and  demand  of  payment  shall  charge 
the  indorser,  unless  made  on  or  before  the  last  day  of  said  term  of 
sixty  days.  ACCEPTANCE  to  be  in  writing.  NOTICE  OF  PROTEST 
to  be  immediately  mailed  to  each  party  protested  against,  directed  to 
their  reputed  place  of  residence.  Protest  to  state  time  and  manner 
of  service  of  notice.  Record  to  be  kept  of  same.  DAYS  OF  GRACE 
abolished.  HOLIDAYS — Sunday,  Thanksgiving  day,  first  Monday  in 
September,  first  Tuesday  after  the  first  Monday  of  November  in  each 
even-numbered  year,  Dee.  25,  Jan.  1,  Feb.  22,  July  4,  May  30,  Feb.  12, 
or  the  following  day  when  either  of  the  last  six  occur  on  Sunday. 
Bills,  notes,  drafts  and  contracts  due  or  payable  on  these  days  shall 
be  payable  or  performable  upon  the  business  days  next  succeeding,  and 
in  case  of  non-payment  or  non-fulfilment,  shall  be  noted  and  protested 
upon  such  succeeding  day;  and  notice  of  the  dishonor,  non-payment 
or  non-fulfilment  must  be  given  that  day.  DAMAGES  on  bills  of  ex- 
change drawn  or  endorsed  in  this  State,  and  payable  without  the  U.  S., 
protested,  10  per  cent,  together  with  interest  from  time  of  protest. 
If  payable  in  the  LT.  S.,  5  per  cent,  with  legal  interest,  costs  and  charges. 


252  NOTARIES  PUBLIC. 

Due  notice  being  given  in  both.     LEGAL  interest  6  per  cent,  permit  10 
per  cent  in  writing.     ACTION  on  a  note  limited  to  6  years. 

§  484.  Mississippi— ACCEPTANCE  of  a  bill  of  exchange  must  be  in 
writing,  duly  signed;  the  holder  may  require  it  to  be  written  on  the 
bill;  a  refusal  may  be  taken  as  a  refusal  to  accept.  The  record,  or 
copy,  of  the  officer  protesting  shall,  when  verified  by  the  oath  of  the 
officer,  be  evidence  of  the  facts  stated,  and  giving  or  mailing  of  the 
notice,  with  statements  made,  shall  be  prima  facie  evidence.  PRO- 
TESTS— Bills  of  exchange  and  indorsed  notes  may  be  protested  by  any 
notary  public,  justice  of  the  peace,  mayor  of  a  city,  town  or  village,  or 
by  the  clerk  of  a  circuit  or  chancery  court.  Immediately  after  protest, 
the  officer  shall  give  notice  in  writing  to  each  party  protested  against. 
NOTICE  may  be  served  by  mail  directed  to  the  party  at  his  known  or 
usual  place  of  abode  or  business.  The  officer  shall  deliver  to  the  holder 
a  copy  of  his  protest,  signed  and  verified  by  oath.  DAYS  OF  GRACE 
allowed  on  all  bills  of  exchange  and  notes  for  a  sum  certain,  payable 
only  in  money.  HOLIDAYS — When  a  bill  or  note  should  be  presented 
for  acceptance  or  payment,  according  to  its  terms,  on  a  Sunday, 
New  Year's  day,  Fourth  of  July,  Thanksgiving  day  or  Christmas  day, 
it  shall  be  presented  on  the  day  next  before  the  day  on  which  by  its 
terms  it  is  presentable,  as  shall  not  be  one  of  the  days  herein  specified. 
DAMAGES  on  bills  of  exchange,  drawn  upon  any  person,  or  body  in 
the  U.  S.,  and  out  of  this  State,  and  protested  for  non-acceptance,  five 
per  centum  on  the  sum  drawn  for,  and  interest  and  principal.  If  pay- 
able out  of  the  TL  S.,  ten  per  centum,  with  interest.  Holder  is  in  all 
cases  entitled  to  costs  and  charges.  Domestic  bills,  drawn  and  payable 
in  this  State,  for  twenty  dollars  or  more,  shall  be  protested  for  non- 
acceptance  or  for  non-payment  same  as  foreoign  bills.  No  damages 
to  accrue,  they  shall  be  subject  to  and  governed  by  the  customs  and 
usages  of  foreign  bills.  LEGAL  interest  6  per  cent,  permit  10  in 
writing.     ACTION  on  notes  limited  to   6  years. 

§  485.  Missouri — ACCEPTANCE  must  be  in  writing,  signed  by  the 
acceptor  or  his  lawful  agent,  on  the  bill.  PROTEST — A  notarial  pro- 
test is  evidence  of  a  demand  and  refusal  to  pay,  as  stated  in  the 
protest.  DAYS  OF  GRACE— Not  allowed.  HOLIDAYS— Jan.  1,  Feb. 
22,  May  30,  July  4,  first  Monday  in  September,  a  general  State  election 
day,  Thanksgiving  day,  Dec.  25.  If  any  fall  on  Sunday,  the  following 
Monday.  Negotiable  instruments  falling  due  or  presentable  on  these 
days  for  acceptance  or  payment,  giving  notice  if  for  dishonor,  shall 
be  due  or  presentable  the  next  succeeding  day,  unless  it  be  a  holiday; 
in  such  case  it  shall  be  due  the  day  previous.  In  cities  with  a  popula- 
tion over  100,000,  every  Saturday  after  12  o'clock  noon,  and  negotiable 
instruments  due  or  presentable  for  acceptance  or  payment  shall  be 
due  the  next  succeeding  secular  business  day.  DAMAGES  on  bills  drawn 
or  negotiated  in  the  State  on  persons  in  the  State  and  protested,  4  per 
cent;  on  persons  in  other  States,  10  per  cent;  on  persons  in  other 
countries,  20  per  cent.  Notice  given  when  required  at  common  law. 
Holder  entitled  to  recovery  when  bill  acquired  for  a  valuable  con- 
sideration.    No  damages  allowed  if  bill  is  paid  with  interest   and  pro- 


NEGOTIABLE   INSTRUMENTS.  253 

test  charges  within  twenty  days  after  dishonor.  Damages  are  in  lieu 
of  protest  and  other  charges  and  expenses  incurred  previous  to  or  at  the 
time  of  giving  notice.  LEGAL  INTEREST  6  per  cent,  permit  8  per 
cent  in  writing.     ACTION  on  notes  limited  to  10  years. 

§486.  Montana — See  Sec.  458  Uniform  Neg.  Inst.  Law.  HOLI- 
DAYS are  Sundays,  Jan.  1,  Feb.  22,  May  30,  July  4,  first  Monday  of 
September,  Dec.  25,  election  day  throughout  the  State,  Thanksgiving 
day,  Saturday  after  12  o'clock.  If  any  fall  on  Sunday,  the  following 
Monday  to  be  observed.  Contracts  falling  due  on  these  days  may  be 
performed  the  next  business  day.  DAMAGES  allowed  if  drawn  on  a 
person  in  this  State,  $2  upon  each  hundred;  if  in  another  State,  $5  per 
$100;  if  in  North  America,  Europe,  or  Great  Britain,  $10  per  $100;  else- 
where, $15  per  $100.  Lawful  interest  allowed  from  time  of  protest. 
LEGAL  INTEREST  10  per  cent,  permit  any  rate  in  writing.  ACTION 
on   notes  limited    to   8   years. 

§  487.  Nebraska — PROTEST  of  commercial  papers  to  be  made  by 
notaries  public,  same  to  be  prima  facie  evidence  of  the  fact  without 
proof.  NOTICE  of  protest  to  be  given  by  them  to  indorsers,  makers, 
drawers  or  acceptors.  DAYS  OF  GRACE — Three  are  allowed  except 
on  demand.  LEGAL  HOLIDAYS— Jan.  1,  Feb.  22,  April  22,  first  Mon- 
day in  September,  Dec.  25,  May  30,  July  4,  and  Thanksgiving  day. 
When  they  occur  on  Sunday,  the  day  following.  Any  negotiable  instru- 
ment falling  due  on  these  days,  it  shall  be  lawful  to  make  demand, 
protest  and  give  notice  of  dishonor  on  the  following  business  day. 
DAMAGES  on  protest  shall  be  subject  to  twelve  per  centum  if  drawn 
on  persons  without  the  United  States  and  six  per  centum  if  within  the 
United  States,  outside  this  State.  SUIT  may  be  brought  in  the  name 
of  the  drawee.  Endorser  may  bring  suit  in  his  own  name.  May  be 
brought  against  the  drawers,  makers  or  endorsers,  jointly  or  severally. 
LEGAL  INTEREST  7  per  cent,  permit  10  per  cent  in  writing. 

§  488.  Nevada — ALL  NOTES  in  writing,  made  and  signed  by  any 
person,  promising  to  pay  to  any  other  person,  or  his  order,  or  to  bearer, 
or  to  the  order  of  any  other  person,  a  sum  mentioned  shall  be  due  and 
payable  as  expressed,  and  shall  have  the  same  effect  and  be  negotiable 
in  like  manner  as  inland  bills  of  exchange,  according  to  the  custom 
of  merchants.  AN  ACCEPTANCE  must  be  in  writing,  signed  by  the 
acceptor,  or  his  lawful  agent.  If  on  a  paper  other  than  the  bill,  it 
shall  not  bind  the  acceptor,  except  in  favor  of  a  person  to  whom  it 
was  shown,  and  who,  on  the  faith  thereof,  shall  have  received  it  for 
a  valuable  consideration.  NOTICE — Mailing  notice  of  dishonor  of  bill 
to  the  city  or  town  where  the  person  sought  to  be  charged,  resided  at 
the  time  of  drawing,  making  or  endorsing  it,  shall  be  sufficient,  unless 
the  person  specified  the  postoffice  at  the  time.  DAYS  OF  GRACE — 
Three  are  allowed  on  all  bills  or  drafts,  except  those  payable  on  sight. 
Holidays  coming  within  these  clays  shall  be  treated  as  one  of  such  days. 
HOLIDAYS — January  1,  February  22,  July  4,  Thanksgiving  Day,  De- 
cember 25.  Bills  and  notes  falling  due  on  these  days  shall  be  due  and 
payable   on  the   day  previous.     DAMAGES   on   protested   bills.     If   on 


254  NOTARIES  PUBLIC. 

persons  in  the  States  east  of  the  Eocky  Mountains,  $15  on  the  hun- 
dred; if  in  any  foreign  country,  $20  on  the  hundred.  In  lieu  of  inter- 
est and  protest  charges,  but  interest  and  damages  shall  accrue  subse- 
quent to  protest.  Damages  are  recoverable  only  by  the  holder  who 
purchased  it  for  a  valuable  consideration.  SUIT — Payees  and  indor- 
sees of  notes,  payable  to  them,  or  their  order,  and  the  holders  of  such 
notes  payable  to  bearer,  may  maintain  action  for  the  sums  mentioned, 
against  the  makers  and  indorsees,  as  in  cases  of  inland  bills  of  ex- 
change, and  not  otherwise.  LEGAL  interest  7  per  cent,  permit  any 
rate  in  writing.     ACTION  on  notes  limited  to  6  years. 

§  489.  New  Hampshire — PROTEST  upon  a  promissory  note  payable 
on  demand,  a  demand  made  at  the  expiration  of  sixty  days  from  its 
date  without  grace,  or  any  time  within  that  term,  is  reasonable,  and 
any  act  or  neglect  which  by  the  rules  of  law  and  custom  is  deemed 
equivalent  to  a  presentment  and  demand  on  a  note,  payable  at  a  fixed 
time,  or  which  would  dispense  with  such  presentment  and  demand,  if 
it  occurs  at  or  within  the  sixty  days,  shall  be  a  dishonor  thereof,  and 
authorize  the  holder  to  give  notice  of  dishonor  to  the  indorser,  as  upon 
a  presentment  to  the  promisor  and  his  neglect  or  refusal  to  pay  the 
same.  No  presentment  of  the  note  to  the  promisor  and  demand  of 
payment  shall  charge  the  indorser  unless  made  on  or  before  the  last 
day  of  the  sixty  days.  NOTICE  of  the  non-payment  or  non-accept- 
ance, shall  be  sufficient  to  charge  a  party  to  same,  who  resides  in  the 
town  in  which  it  is  made  payable  if  the  notice  is  seasonably  deposited. 
Mailed  is  sufficient.  HOLIDAYS — Bills  of  exchange,  etc.,  maturing  or 
to  be  paid  on  Sunday,  Thanksgiving,  fast  day,  Labor  Day,  Christmas, 
July  4,  February  22,  May  30,  or  when  either  of  the  last  four  fall  on 
Sunday  or  on  the  day  of  general  election  of  members  of  the  legislature, 
are  payable  and  to  be  executed  on  the  day  next  succeeding,  not  being 
one  of  said  days.  May  be  noted  and  protested  on  such  next  preceding 
day.  Notice  given  the  following  day  not  a  holiday.  DAYS  OF  GRACE 
abolished.     LEGAL  INTEREST  6  per  cent. 

§  490.  New  Jersey — See  Sec.  458  Uniform  Neg.  Inst.  Law.  BANK 
NOTES,  countersigned  and  registered,  refused  redemption  by  their 
makers  between  the  hours  of  ten  and  three  o'clock  where  payable,  may 
be  protested  by  a  notary  public,  at  the  request  of  the  holder,  in  the 
usual  manner.  Notice  to  be  given  to  the  State  Treasurer.  HOLIDAYS 
— January  1,  February  12,  22,  May  30,  July  4,  first  Monday  of  Septem- 
ber, December  25,  any  general  State  election  day,  Thanksgiving  Day, 
and  Saturday  from  12  o'clock  noon  to  12  o'clock  midnight.  Bills,  notes 
and  checks  presentable  for  acceptance,  or  payment  on  these  days,  shall 
be  presentable  on  the  secular  day  succeeding,  and  on  the  half  holiday, 
shall  be  presentable  before  12  o'clock  noon  of  the  same  day,  provided 
that  for  the  protesting  or  otherwise  holding  liable  parties  to  any  bill, 
note  or  check,  not  paid  before  12  o  'clock  on  Saturday,  demand  may 
be  made  and  notice  of  protest  or  dishonor  given  on  the  next  succeed- 
ing business  day;  provided  further,  that  the  party  receiving  such  for 
collection  shall  not  be  deemed  negligent  or  liable.  Any  of  these  days 
falling  on  Sunday  the  next  succeeding  day  shall  be  observed,  paper  due 


NEGOTIABLE    INSTRUMENTS.  255 

on  that  day  shall  be  deemed  due  the  next  business  day.  LEGAL  interest 
6  per  cent.    ACTION  on  notes  limited  to  6  years. 

§  491.  New  Mexico — PROMISES  to  pay  are  assignable  by  endorse- 
ment. An  assignee  has  a  right  of  action  in  his  own  name,  subject  to 
any  set  off  of  the  maker  or  debtor  before  notice  of  the  assignment. 
The  assignor  may  discharge  himself  from  liability  by  specifying  in  the 
assignment  that  the  same  is  made  without  recourse.  ACCEPT- 
ANCES must  be  in  writing,  signed  by  the  person  to  be  charged  or  his 
agent.  PROTEST  AND  NOTICE,  taken  and  sent  by  a  notary  public 
under  his  official  seal.  DAYS  OF  GRACE  allowed.  LEGAL  HOLIDAYS 
July  4,  December  25,  January  1,  Thanksgiving  Day.  Paper  due  on 
Sunday  or  a  legal  holiday,  shall  be  due  the  next  business  day.  DAM- 
AGES on  non-accepted  or  non-payment  bills  of  exchange,  drawn  or 
indorsed  in  this  territory,  -when  recoverable:  If  drawn  outside  the  U.  S. 
twelve  per  cent,  in  the  U.  S.  six  per  cent;  from  time  of  protest.  SUIT 
may  be  brought  jointly  on  all  persons  liable.  May  join  an  executor, 
etc.,  liable  in  a  representative  character.  LEGAL  interest  6  per  cent, 
permit  12  per  cent  in  writing.    ACTION  on  notes  limited  to  6  years. 

§  492.  New  York— (See  Sec.  458  Uniform  Neg.  Inst.  Law.)  HOLI- 
DAYS—January  1,  February  12  and  22,  May  30,  July  4,  first  Monday  of 
September,  December  25.  If  any  are  Sunday,  then  the  day  thereafter. 
Each  general  election  day  and  Thanksgiving  Day.  The  term  half -holiday 
includes  from  noon  to  midnight  of  each  Saturday  not  a  holiday.  LEGAL 
INTEREST  6  per  cent.  ACTION  on  notes  limited  to  6  years.  Notes 
given  for  "Patent  Rights"  or  for  farm  produce  "Speculation"  must 
be  so  marked  on  their  face,  if  not,  it  is  a  misdemeanor  to  handle  or 
deal  in  them.  Bonds  with  coupons,  not  intended  to  circulate  as  money 
in  N.  Y. ;  not  registered,  may  be  issued,  having  on  them  that,  they  arp 
the  property  of  such  holder  and  the  money  is  payable  only  to  him,  his 
legal  representatives  or  assigns,  unless  they  are  transferred  in  blank, 
payable  to  bearer,  or  order  with  assignor's  residence  added. 

§  493.  North  Carolina — See  Sec.  458  Uniform  Neg.  Inst.  Law. 
HOLIDAYS— January  1,  February  22,  May  10,  20,  July  4,  Thanks- 
giving, December  25,  any  of  which  falling  on  Sunday  the  Monday  fol- 
lowing shall  be  observed.  Papers  due  on  such  Sunday  payable  on  the 
Saturday  preceding;  papers  otherwise  due  on  said  Monday  payable  on 
Tuesday  thereafter.  If  these  days  fall  on  Saturday  the  papers  due  on 
Sunday  are  payable  the  Monday  succeeding.  If  they  fall  on  Monday, 
the  papers  due  on  that  day  are  payable  the  Tuesday  succeeding. 
DAMAGES  on  protested  bills  drawn  in  this  State  upon  persons  in 
other  States,  3  per  cent  on  the  principal.  If  in  any  other  place  in 
North  America  except  the  northwest  coast  of  America  or  in  the  West 
Indies  or  Bahama  Islands,  10  per  cent.  If  drawn  in  any  other  State 
or  in  Europe,  or  South  America,  15  per  cent.  If  drawn  in  any  other 
part  of  the  world,  20  per  cent.  LIABILITY — Indorsers  on  bonds,  bills 
or  promissory  notes  are  liable  as  surety  to  the  holder,  and  no  demand 
need  be  made  on  the  maker  previous  to  an  action  on  the  indorser  un- 
less the  indorsement  plainly  express  otherwise.  This  does  not  apply 
in  any  respect  to  inland  or  foreign  bills  of  exchange.     SUIT  may  be 


256  NOTAEIES  PUBLIC. 

brought  by  an  indorser  in  his  own  name.  LEGAL  INTEEEST  6  per 
cent.     ACTION  on  notes  limited  to  3  years. 

§  494.  North  Dakota — See  Sec.  458  Uniform  Neg.  Inst.  Law. 
HOLIDAYS — Sundays,  January  1,  February  22,  July  4,  December  25, 
May  30,  Thanksgiving  Day,  State  election  day  throughout  the  State. 
If  any  of  these  fall  on  Sunday  then  the  Monday  following.  Acts  of 
a  secular  nature  may  be  performed  upon  the  day  following.  DAM- 
AGES on  foreign  bills  of  exchange,  drawn  upon  any  person  in  this 
State,  $2  on  each  one  hundred;  on  persons  out  of  this  State,  but  in  the 
States  of  Nebraska,  Iowa,  Minnesota,  South  Dakota,  Wisconsin,  Illinois, 
Missouri,  and  Montana,  $3  on  each  one  hundred  dollars;  if  on  a  person 
in  any  of  the  other  States,  $5  on  the  hundred;  if  on  a  person  outside  the 
United  States,  $10  on  the  hundred.  With  interest  from  notice  of  dis- 
honor. LEGAL  INTEEEST  7  per  cent.  ACTION  on  notes  limited  to 
6  years. 

§495.  Ohio— See  Sec.  458  Uniform  Neg.  Inst.  Law.  HOLIDAYS— 
January  1,  July  4,  December  25,  February  22,  May  30,  Thanksgiving 
Day,  first  Monday  in  September,  shall  be  considered  as  Sunday  for 
presenting  and  protesting  all  negotiable  paper.  If  these  days  occur  on 
a  Sunday  the  succeeding  Monday  shall  be  so  observed.  LEGAL  inter- 
est 6  per  cent,  permit  8  per  cent  in  writing.  ACTION  on  notes  limited 
to  15  years. 

§  496.  Oklahoma — PEOTEST  made  when  paper  is  dishonored, 
which  is,  when  not  accepted  or  paid  according  to  its  tenor.  Protest 
must  be  made  by  a  notary.  If  one  cannot  be  found  then  a  respectable 
person  in  the  presence  of  two  witnesses.  Notice  must  be  given  on  the 
day  of  dishonor  or  on  the  next  business  day.  If  by  mail  then  by  the 
first  mail  on  the  day  after  the  dishonor.  NOTICE  may  be  given  in  any 
form  describing  the  instrument.  DAYS  OF  GEACE  are  allowed  unless 
otherwise  stipulated.  Sundays  and  holidays  are  excluded.  HOLI- 
DAYS— Sunday,  January  1,  February  22,  July  4,  December  25,  May  30, 
election  day  throughout  the  territory  and  Thanksgiving  Day.  If  Janu- 
ary 1,  February  22,  July  4  and  December  25  fall  upon  Sunday  the 
Monday  following  is  holiday.  A  negotiable  instrument  falling  due  on 
these  days  shall  be  deemed  due  the  following  business  day.  LEGAL 
interest  7  per  cent,  permit  12  per  cent  in  writing.  ACTION  on  notes 
limited  to  5  years. 

§  497.  Oregon— See  Sec.  458  Uniform  Neg.  Inst.  Law.  HOLIDAYS 
— Sunday,  January  1,  February  22,  May  30,  July  4,  first  Monday  in 
September,  December  25,  election  day  throughout  the  State,  Thanks- 
giving Day.  Any  of  these  falling  on  Sunday,  the  Monday  following 
shall  be  observed.  Negotiable  instruments  falling  due  on  these  days 
shall  be  due  and  payable  on  the  next  succeeding  business  day.  LEGAL 
INTEEEST  6  per  cent,  permit  10  per  cent  in  writing.  ACTION  on  notes 
limited  to  6  years. 

§  498.  Pennsylvania — See  Sec.  458  Uniform  Neg.  Inst.  Law. 
PEESENTMENT  for  payment  to  be  made  elsewhere  than  in  this  State, 
referred  to  only  in  the  margin  of  the  bill,  or  below  the  name  of  the 
drawee,  shall  not  be  so  construed  as  to  charge  the  indorsers  for  non- 
payment, unless  place  was,  at  the  date  of  the  bill,  the  actual  place  of 


NEGOTIABLE   INSTRUMENTS.  257 

the  drawee,  or  is  expressed  as  such  in  the  reference,  or  it  appear  by 
the  protest  that,  upon  diligent  inquiry,  the  place  could  not  be  found. 
LEGAL  HOLIDAYS  are  January  1,  February  12,  22,  the  third  Tuesday 
of  February,  Good  Friday,  May  30,  July  4,  first  Monday  of  September, 
first  Tuesday  after  the  first  Monday  of  November,  December  25,  Satur- 
days after  12  o'clock,  and  Thanksgiving  Day.  Paper  presentable  for 
acceptance,  payment,  or  protesting,  or  giving  notice  of,  on  these  days 
shall  be  presentable  or  protested  on  the  business  day  next  succeeding 
except  when  payable  at  sight  or  on  demand.  If  on  a  Saturday  half 
holiday,  shall  be  payable  at  or  before  12  o'clock  on  that  day;  pro- 
viding, that  for  the  purpose  of  protesting  or  holding  liable  a  party 
to  a  bill  not  paid  before  12  o'clock,  a  demand  for  acceptance  or  pay- 
ment shall  not  be  made  and  notice  of  protest  or  dishonor  shall  not  be 
given  until  the  next  succeeding  business  day.  Any  one  receiving  such 
paper  for  collection,  etc.,  on  such  half  holiday  shall  incur  no  liability 
or  neglect  in  not  presenting  same.  The  entry,  issuance,  service,  or 
execution  of  any  writ,  summons,  confession  of  judgment,  or  other  legal 
process  on  any  holiday  or  half  holiday  designated  here,  shall  not  be 
prevented  or  invalidated,  nor  shall  any  bank  be  prevented  from  keeping 
its  doors  open  for  business  on  such  afternoon  if  its  directors  so  elect. 
When  holidays  fall  on  Sunday,  the  following  Monday  shall  be  observed. 
DAMAGES — Bills,  etc.,  returned  protested  are  entitled  to  damages 
above  the  principal  and  protest  charges  from  time  of  notice  and  de- 
mand. In  the  United  States,  5  per  cent,  except  California,  New  Mexico, 
and  Oregon;  there  10  per  cent.  In  Asia,  Africa,  or  Pacific  Islands,  20 
per  cent.  In  Mexico,  Spanish  main,  West  Indies  or  Atlantic  islands, 
east  coast  of  South  America,  or  Europe,  10  per  cent.  On  west  coast  of 
South  America,  15  per  cent.  Any  other  part  of  the  world,  10  per  cent. 
In  lieu  of  interest  and  charges  other  than  protest,  to  the  time  of  notice. 
Rate  of  exchange  same  as  at  time  of  protest.  LEGAL  INTEREST  6 
per  cent. 

§499.  Philippine  Islands— HOLIDAYS— Sundays,  Jan.  1,  Feb.  22, 
July  4,  Holy  Week  (Thurs.  and  Fri.),  Aug.  13,  Thanksgiving  day,  Dec. 
25  and  30.  Paper  falling  due  on  these  days  is  due  the  previous  day. 
If  it  is  a  holiday  then  the  previous  day  to  that.  If  fall  on  Sunday 
then  the  day  succeeding. 

§  500.  Porto  Rico— HOLIDAYS— Sundays,  Jan.  1,  Feb.  22,  March 
22,  Good  Friday,  May  30,  July  4,  25,  first  Monday  in  September,  Dec.  25, 
Thanksgiving  day.  When  these  fall  on  Sunday  the  following  day  is 
to  be  so  observed.  Bills,  notes  and  checks  to  be  presented  for  accept- 
ance or  payment  on  the  following  secular  day. 

§  501.  Rhode  Island— See  Sec.  458  Uniform  Neg.  Inst.  Law.  DAYS 
OF  GRACE— Three  allowed  on  drafts.  HOLIDAYS— February  22,  first 
Wednesday  of  April,  May  30,  July  4,  first  Monday  of  September,  De- 
cember 25,  second  Friday  in  May,  Tuesday  after  the  first  Monday  of 
November  in  every  second  year  after  1896,  Thanksgiving  Day.  When 
either  of  the  said  days  fall  on  Sunday,  then  the  day  following  it. 
Bills,  notes,  drafts,  or  other  evidences  of  indebtedness  due  and  pay- 
17 


258  NOTARIES  PUBLIC. 

able  on  such  holidays  to  be  made  on  the  business  day  next  following. 
In  default  of  payment,  same  may  be  protested  and  such  protest  shall 
be  valid.  Saturday  is  a  holiday  after  12  o'clock  noon.  This  shall  not 
apply  to  checks  or  demand  drafts  presented  before  12  o'clock  noon  on 
Saturday.  LEGAL  INTEREST  6  per  cent,  unless  a  different  rate  is 
expressly  stipulated.  DAMAGES — Any  foreign  bill  of  exchange  drawn 
or  indorsed  within  this  State,  returned  protested,  shall  be  subject  to 
20  per  cent  damages  and  charges  for  protest,  and  6  per  cent  interest 
from  the  date  of  protest.  Action  may  be  brought  for  the  principal, 
damages,  interest  and  charges  of  protest  against  the  drawers  and  in- 
dorsers,   jointly   or   severally. 

§  502.  South  Carolina— AN  ACCEPTANCE  must  be  in  writing  upon 
the  bill.  If  any  person  accept  a  bill  for  a  former  debt  due  him,  it  shall 
be  accounted  a  payment  of  such,  if  such  person  fails  to  take  due  course 
to  obtain  payment  thereof  by  endeavoring  to  have  it  accepted  and 
paid,  and  make  protest,  either  for  non-acceptance  or  non-payment,  but 
nothing  here  shall  extend  to  discharge  any  remedy  against  the  drawer, 
acceptor  or  indorser  of  such  bill.  No  acceptance  of  any  inland  bill  of 
exchange  shall  be  sufficient  to  charge  any  person  whatsoever,  unless  the 
same  be  underwritten  or  indorsed  in  writing  thereupon;  and  if  such 
bill  be  not  accepted  by  such  underwriting  or  endorsement  in  writing,  no 
drawer  of  any  such  inland  bill  shall  be  liable  to  pay  any  costs,  dam- 
ages, or  interest  thereupon,  unless  such  protest  be  made  for  nonaccept- 
ance  thereof,  and,  within  fourteen  days  after  such  protest,  the  same 
to  be  sent,  or  otherwise  notice  thereof  be  given,  to  the  party  from 
whom  such  bill  was  received,  or  left  in  writing  at  the  place  of  his  or 
her  usual  abode;  and  if  such  bill  be  accepted,  and  not  paid  before  the 
expiration  of  three  days  after  the  said  bill  shall  become  due  and  pay- 
able, then  no  drawer  of  such  bill  shall  be  compelled  to  pay  costs,  dam- 
ages, or  interest  thereupon,  unless  a  protest  be  made  and  sent,  or  notice 
thereof  be  given,  in  manner  and  form  above  mentioned.  Nevertheless, 
every  drawer  of  such  bill  shall  be  liable  to  make  payment  of  costs, 
damages  and  interest  upon  such  inland  bill,  if  any  one  protest  be  made 
of  nonacceptance  or  nonpayment  thereof,  and  notice  thereof  be  sent, 
given  or  left  as  aforesaid.  PROTEST  AND  NOTICE— Notary  public's 
protest  is  sufficient  evidence  of  notice  in  any  action  by  any  person 
against  any  of  the  parties  to  a  bill  or  note.  Protested  bills  carry 
7  per  cent  interest  from  time  of  protest  with  damages  and  costs.  Pro- 
test not  necessary  for  acceptance  or  non-payment  of  an  inland  bill, 
unless  the  value  is  expressed  in  the  bill  and  it  be  drawn  for  one  hun- 
dred dollars  or  more.  DAYS  OF  GRACE  are  allowed  on  all  bills,  sight 
and  otherwise.  HOLIDAYS — National  Thanksgiving  Day,  general  elec- 
tion days,  January  1,  19,  February  22,  May  10,  June  3,  July  4,  Decem- 
ber 25,  first  Monday  in  September.  In  Charleston  County  add  Satur- 
day afternoons  after  12  o'clock.  Paper  payable  on  Sunday  or  a  legal 
holiday  shall  be  payable  the  next  day,  provided  it  be  not  a  Sunday  or 
legal  holiday;  if  so,  then  on  the  first  day  thereafter.  Any  holiday 
falling  on  Sunday  the  following  Monday  to  be  observed.  DAMAGES 
on   protested   bills  on  parties  out   of  this  State,   10  per  cent.     In   any 


NEGOTIABLE   INSTRUMENTS.  259 

other  part  of  North  America  or  the  West  Indies,  12V£  per  cent.  Any 
other  part  of  the  world,  15  per  cent,  and  all  charges  incidental  with 
interest  until  paid.  Bills  and  notes  drawn  for  less  than  $1.00  payable 
to  order  or  bearer  are  void.  LEGAL  INTEREST  7  per  cent.  AC- 
TION on  notes  limited  to  6  years. 

§  504.  South  Dakota— PROTEST  to  be  made  by  notary  public  if  one 
can  be  obtained,  otherwise  any  reputable  person  can  so  act  in  the 
presence  of  two  witnesses.  Must  be  in  writing,  for  non-acceptance  must 
be  made  in  the  city  or  town  in  which  the  bill  is  presented.  Protest  must 
be  noted  the  day  presentment  is  made,  or  on  the  next  business  day. 
NOTICE  of  protest  given  in  same  manner  by  notary  and  to  state  for 
whom  made.  DAYS  OF  GRACE— Three  allowed.  HOLIDAYS  are  Sun- 
days, January  1,  February  22,  July  4,  December  25,  May  30,  Thanksgiv- 
ing Day,  election  days.  If  January  1,  February  22,  July  4,  or  December 
25  fall  on  Sunday,  the  Monday  following  is  holiday.  Bills  falling  due 
on  these  days  must  be  presented  on  the  following  business  day.  DAM- 
AGES— If  drawn  upon  person  in  this  State,  $2.00  on  each  $100.00  of  the 
principal.  Upon  persons  in  Nebraska,  Iowa.  Minnesota,  Wisconsin,  Illi- 
nois, Missouri  or  Montana,  $3.00  on  each  $100.00.  On  persons  else- 
where in  the  United  States,  $5.00  on  $100.00.  On  a  person  in  a  foreign 
country,  $10.00  on  each  $100.00.  If  amount  is  expressed  in  United 
States  money,  estimate  without  regard  to  rate  of  exchange.  If  in  for 
eign  money,  estimate  as  per  rate  at  time  of  protest  of  similar  bills  in 
the  place  nearest  to  where  the  bill  was  negotiated.  LEGAL  INTER- 
EST 7  per  cent,  permit  12  per  cent  in  writing.  ACTION  on  notes 
limited  to  6  years. 

§  505.  Tennessee — See  Sec.  458  Uniform  Neg.  Inst.  Law.  HOLI- 
DAYS;— January  1,  February  22,  July  4,  December  25,  Good  Friday, 
Decoration  Day,  Memorial  Day,  second  Friday  in  May,  first  Monday  in 
September;  when  these  days  fall  on  Sunday,  then  the  following  Mon- 
day; also  Thanksgiving  Day,  all  days  set  apart  for  count}7,  State  or 
national  elections  throughout  the  State.  Negotiable  paper  falling  due 
on  these  days  shall  be  due  and  payable  the  first  business  day  following. 
LEGAL  INTEREST  6  per  cent.     ACTION  on  notes  limited  to  6  years. 

§506.  Texas— PROTEST  AND  NOTICE— The  holder  of  a  bill  or 
note  may  fix  the  liability,  also,  by  protesting  and  giving  notice  accord- 
ing to  the  usage  and  custom  of  merchants  by  a  notary  public.  The 
notary  shall  set  forth  in  his  protest  and  record,  a  full  statement  of  the 
facts,  specifying  demand,  sum  of  money,  of  whom,  when  and  where; 
also  serve  notices  of  protest  on  the  drawers  and  indorsers  made  liable, 
and  note  in  his  protest  record,  with  time,  place  and  manner  of  service. 
Protest  or  copy  of  the  record  certified  under  his  hand  and  seal  shall 
be  admitted  as  evidence  in  all  courts  of  this  State.  DAYS  OF  GRACE 
— Three  allowed  on  all  bills  and  notes  negotiable.  HOLIDAYS  are 
January  1,  February  22,  March  2,  April  21,  July  4,  December  25, 
Thanksgiving  Day,  and  general  State  election  day.  Same  are  treated 
as  Sunday  for  presentation,  protesting  and  giving  notice  of  on  bills  of 


260  NOTARIES  PUBLIC. 

exchange,  notes,  etc.  All  exemptions  and  requirements  usual  on  legal 
holidays  may  be  observed.  If  a  holiday  fall  on  a  Sunday,  the  day 
following  shall  be  observed,  but  bills  of  exchange,  etc.,  may  be  pre- 
sented on  the  preceding  Saturday  and  proceeded  on  accordingly. 
DAMAGES  ON  PROTESTED  BILLS— The  holder  of  any  protested 
bill,  etc.,  drawn  by  a  merchant  within  the  limits  of  this  State  upon  his 
agent  or  factor,  living  outside  this  State  shall,  after  having  fixed  the 
liability  of  the  drawer  or  indorser,  be  entitled  to  recover  10  per  cent 
damages  on  the  amount  of  the  bill,  with  interest  and  cost  of  suit 
accruing.  LIABILITY  of  parties  may  be  fixed  without  protest  and 
notice,  by  the  holder  instituting  suit  after  the  right  of  action  accrues. 
A  bill  not  accepted  renders  the  drawer  immediately  liable.  Assignee 
may  sue  in  his  own  name.  LEGAL  INTEREST  6  per  cent,  permit  10 
per  cent  in  writing.     ACTION  ON  NOTES  limited  to  4  years. 

§  507.  Utah— See  Sec.  458  Uniform  Neg.  Inst.  Law.  HOLIDAYS — 
Sundays,  January  1,  February  22,  May  30,  July  4,  24,  December  25, 
April  15,  first  Monday  in  September,  Thanksgiving  Day.  When  such 
days  fall  on  Sunday  the  following  Monday  shall  be  observed.  In  case 
Sunday  and  the  holiday  come  together,  said  note  or  bill  must  be  pre- 
sented on  the  day  next  succeeding  said  Sunday  or  holiday.  LEGAL 
INTEREST  8  per  cent,  permit  any  rate  in  writing.  ACTION  on  notes 
limited  to  6  years. 

§  508.  Vermont — A  DEMAND  NOTE  is  overdue  sixty  days  after 
date.  No  presentment  shall  charge  the  indorsers  unless  made  on  or 
before  sixty  days.  PROTEST — A  negotiable  promissory  note,  inland 
bill  of  exchange,  draft,  or  check,  may  be  officially  protested  for  non- 
payment by  a  notary  public  and  notice  given  by  him  to  the  parties  to 
the  instrument.  The  certificate  of  a  notary,  under  his  hand  and  official 
seal,  is  evidence  of  notice.  NOTICE  by  mail  to  the  nearest  postoffice 
of  the  party,  prepaid,  is  sufficient.  DAYS  OF  GRACE — Abolished. 
HOLIDAYS — January  1,  July  4,  August  16,  May  30,  December  25, 
February  22,  first  Monday  in  September,  Thanksgiving,  shall  for  pre- 
senting for  acceptance  or  payment,  protesting,  and  giving  notice  of  the 
dishonor  of  bills,  etc.,  be  considered  like  Sunday.  Any  of  these  days 
falling  on  Sunday,  the  preceding  Saturday  shall,  for  such  purposes,  be 
considered  like  Sunday.  Falling  due  on  Sunday  or  a  legal  holiday  it 
shall  be  considered  as  due  on  the  following  Monday.  SUIT — The  in- 
dorsee or  holder  may  maintain  in  his  own  name.  The  indorser  shall 
have  the  same  right  to  pay  as  the  principal,  and  upon  maturity  may 
tender  the  true  amount.  If  the  holder  refuse,  he  is  discharged  from 
liability.  DAMAGES  are  allowed  as  full  compensation  for  accrued 
interest  before  notice  of  dishonor,  re-exchange,  expenses  and  all  other 
damages  in  favor  of  holders  for  value  only,  upon  bills  drawn  or  nego- 
tiated in  this  State  and  protested.  On  persons  in  this  State,  $1  per 
$100;  in  other  States,  $2.50  per  $100;  in  foreign  lands,  $5  per  $100. 
Interest  from  time  of  notice  on  the  principal  and  damages.  Ex- 
change, no  regard  to  if  in  the  United  States.  If  expressed  in  for- 
eign money,  estimate  as  where  such  bills  are  currently  sold.  LEGAL 
interest  6  per  cent.     ACTION  on  notes  limited  to  6  years. 


NEGOTIABLE   INSTRUMENTS.  261 

§509.  Virginia— See  Sec.  458  Uniform  Neg.  Inst.  Law.  HOLI- 
DAYS— January  1,  19,  February  22,  July  4,  December  25,  Thanksgiving, 
or  a  day  of  fasting  and  prayer  appointed  by  the  President  or  the 
Governor  of  the  State,  May  30,  first  Monday  in  September,  Saturday 
afternoons.  Negotiable  instruments  presentable  for  acceptance  or  pay- 
ment on  these  days  shall  be  presentable  on  the  preceding  business  day. 
Such  holidays  falling  on  Sunday,  the  Monday  following  shall  be  ob- 
served as  a  holiday,  and  negotiable  instruments  falling  due  shall  be 
presentable  on  the  next  business  day.  Notice  of  dishonor  need  not  be 
given  until  the  first  day  thereafter  which  is  not  a  Sunday  or  such 
public  holiday.  DAMAGES  on  bills  drawn  or  indorsed  within  this 
State  and  protested  shall  be  subject  to  3  per  cent  if  payable  out  of 
Virginia  and  in  the  United  States;  if  payable  without  the  United 
States,  10  per  cent,  upon  the  principal.  Action  may  be  maintained 
upon  any  note  or  writing  by  which  there  is  a  promise,  undertaking,  or 
obligation  to  pay  money,  if  signed  by  the  party  who  is  charged  thereby, 
or  his  agent,  and  in  an  action  of  assumpsit,  on  any  such  note  or  writing, 
the  rule  as  to  averment  and  proof  of  consideration,  shall  be  the  same 
as  in  any  action  of  debt  thereon.  LEGAL  INTEREST  6  per  cent. 
ACTION  on  notes  limited  to  5  years. 

§510.  Washington— See  Sec.  458  Uniform  Neg.  Inst.  Law.  HOLI- 
DAYS— July  4,  December  25,  Saturdays  from  12  o'clock  noon  to  Sunday 
at  midnight.  Treated  as  Sundays  for  the  presentation  for  acceptance 
or  payment  or  protest  of  bills,  notes,  checks,  etc.  The  other  holidays 
do  not  apply  to  bills  and  notes.  LEGAL  interest  6  per  cent,  permit  12 
per  cent  in  writing.     ACTION  on  notes  limited  to  6  years. 

§511.  West  Virginia— ACCEPTANCE  of  a  bill  payable  at  a 
banker's  or  other  place,  without  further  expression  in  the  acceptance, 
is  a  general  acceptance,  and  presentment  for  payment  may  be  either  at 
such  place,  or  as  it  might  have  been,  if  no  such  place  had  been 
specified  in  the  acceptance.  If  place  is  specified  in  the  acceptance,  it  is 
a  qualified  acceptance  and  must  be  presented  at  such  place.  But  as 
against  the  maker  of  a  note  or  the  acceptor  of  a  bill,  whether  general 
or  qualified,  it  shall  not  be  necessary  to  aver  or  prove  presentment  for 
payment  at  the  time  or  place  specified.  Such  maker  or  acceptor  may, 
however,  set  up  as  a  matter  of  defense  any  loss  sustained  by  him  by 
reason  of  the  failure  to  make  such  presentment.  PROTEST — If  a  bill 
expressing  that  it  be  payable  other  than  in  the  place  of  residence  of 
the  drawee,  shall  not  be  accepted  on  presentation,  may,  without  further 
presentation  to  the  drawee,  be  protested  for  non-payment  in  the  place 
expressed  to  be  payable  in,  unless  the  amount  be  paid  to  the  holder  on 
the  day  on  which  it  would  be  payable  had  it  been  duly  accepted.  Pro- 
test on  a  foreign  bill,  check  or  note  and  in  other  cases,  is  prima  facie 
evidence  of  the  facts  stated.  NOTICE  of  dishonor  sent  through  the 
mail  properly  addressed  to  the  last  known  postoffice  of  the  party,  is 
equivalent  to  personal  service.  DAYS  OF  GRACE  abolished.  Every 
note  or  check  payable  in  this  State  at  a  particular  bank  or  office  thereof 
for  discount  or  deposit,  or  at  a  savings  institution  or  bank,  and  every 


2G2  NOTARIES  PUBLIC. 

inland  bill  payable  in  this  State,  shall  be  negotiable  and  may  upon 
dishonor  be  protested,  the  same  being  in  evidence  as  in  case  of  a  foreign 
bill.  An  instrument  payable  subsequent  to  its  date,  and  otherwise 
in  the  form  of  a  check  is  a  bill  of  exchange.  DAMAGES — On  a  bill 
drawn  or  indorsed  within  this  State,  payable  out  of  the  State  but  in 
the  United  States,  3  per  cent;  out  of  the  United  States,  10  per  cent. 
HOLIDAYS— Jan.  1,  Feb.  22,  July  4,  May  30,  Dec.  25,  first  Monday  in 
September,  Thanksgiving.  If  any  of  these  fall  on  Sunday  the  follow- 
ing Monday  is  to  be  observed.  Any  bills,  notes  or  checks  due  on  these 
days  are  payable  on  the  following  business  day.  If  protested  on  the 
preceding  day,  notice  need  not  be  given  until  the  business  day  fol- 
lowing such  holiday.  If  accepted  supra  protest  for  honor  or  has  a 
reference  in  case  of  need,  it  shall  not  be  necessary  to  present  such  for 
honor,  or  to  such  referee  until  the  day  following  the  one  on  which  it 
is  due,  if  their  address  is  other  than  in  the  place  where  it  is  payable, 
then  it  shall  not  be  necessary  to  forward  it  until  the  following  day. 
If  that  day  is  a  holiday,  then  the  next  business  day  will  answer. 
LEGAL  interest  6  per  cent.     ACTION  on  notes  limited  to  10  years. 

§  512.  Wisconsin — See  Sec.  458  Uniform  Neg.  Inst.  Law  (few  ex- 
ceptions). HOLIDAYS— Sundays,  Jan.  1,  Feb.  22,  May  30,  July  4, 
Labor  Day;  Thanksgiving  Day,  general  election  day,  Dec.  25.  If  any  of 
these  fall  on  Sunday  the  following  Monday  is  observed.  Notes,  drafts 
and  bills  falling  due  on  these  days  are  payable  on  the  succeeding 
business  day.  FOEEIGN  BILLS  dishonored  by  mere  acceptance  must 
be  protested  for  non  acceptance  and  such  bill  not  previously  so  dis- 
honored is  dishonored  by  nonpayment  it  must  be  protested  for  non- 
payment. If  not  so  protested  the  drawer  and  indorsers  are  discharged. 
If  not  a  foreign  bill  on  appearance  protest  in  case  of  dishonor  is  un- 
necessary. Notice  of  protest  must  be  given  in  writing  to  the  drawer, 
maker  and  each  indorser  of.  Every  protested  bill  or  note  must  have 
the  notary's  certificate  attached,  under  his  seal  and  hand,  stating  pre- 
sentment, demand,  refusal  and  protest  for  nonacceptance  or  nonpay- 
ment. Contents  of  notice  giving  time,  manner  of  service,  postoffice  and 
reputed  residence  of  each  person  notified  by  mail,  and  a  record  must  be 
kept  of  same  with  description  of  instrument  protested.  LEGAL 
interest  6  per  cent,  permit  10  per  cent  in  writing.  ACTION  on  notes 
limited  to  6  years. 

§513.  Wyoming— ACCEPTANCE  to  be  written  across  the  face  of 
the  instrument.  It  is  not  necessary  to  make  a  demand  for  payment 
on  the  principal  debtor  in  order  to  charge  him.  PRESENTMENT 
must  be  by,  or  on  behalf  of,  the  holder.  Must  be  presented  to  the 
principal  debtor  where  presentment  should  be  made,  if  not,  then  at  his 
residence  or  place  of  business  to  some  other  person  having  charge  or 
employed  there.  Must  be  presented  on  the  day  of  maturity.  It  is 
dishonored  when  not  paid  or  not  accepted  according  to  its  tenor.  PRO- 
TEST— By  a  notary  or  any  officer  authorized  to  administer  oaths. 
Must  give  a  literal  copy  of  the  instrument  or  annex  the  original,  state 
presentment,  manner,  presence  or  absence  of  the  drawee  or  acceptor, 
the   refusal,   reasons,   and   finally   protesting   against    all    parties   to   be 


NEGOTIABLE   INSTRUMENTS.  263 

charged.  Waiver  of  protest  other  than  on  a  foreign  bill,  waives  pre- 
sentment and  notice.  NOTICE  may  be  by  notary,  describing  the  in- 
strument. Delivery  may  be  personal  to  some  one  of  discretion  at 
the  residence  or  place  of  business  or  by  mail,  addressed  as  best  in- 
formed, on  the  day  of  dishonor  or  the  next  following.  DAYS  OF 
GRACE— Three  allowed  following  the  day  due,  unless  the  last  day  is 
Sunday  or  a  legal  holiday,  then  the  next  preceding  business  day  shall 
be  the  last  day  of  grace.  HOLIDAYS — January  1,  February  22,  May  30, 
July  4,  December  25,  Thanksgiving,  Arbor  and  general  election  days.  If 
any  fall  on  Sunday,  the  Monday  following  shall  be  observed.  Instru- 
ments dated  on  Sunday  are  valid.  LEGAL  interest  8  per  cent,  permit 
12  per  cent  in  writing.     ACTION  on  notes  limited  to  5  years. 

§514.  Canada— HOLIDAYS— Sundays,  New  Year's,  Good  Friday, 
Easter  Monday,  July  1,  Christmas,  Queen's  birthday,  Thanksgiving, 
Labor  Day,  any  day  appointed  by  the  Lieutenant-Governor.  (Some 
Provinces:  Epiphany,  Annunciation,  Ascension,  Corpus  Christi,  St. 
Peter  and  St.  Paul 's,  All  Saint 's  Day,  Conception  Day,  Ash  Wednes- 
day.)    PROTEST  AND  NOTICES— Notaries  perform  these  duties. 


CHAPTER  VI. 

COMMISSIONERS  OF  DEEDS. 

§  515.  A  commissioner  is  a  person  holding  a  commission 
authorizing  him  to  discharge  certain  duties.  A  commissioner 
of  deeds  is  one  authorized  to  take  acknowledgements  or  proofs 
of  written  instruments  in  a  foreign  State  or  country.  Most  of 
the  States  of  this  country  have  a  statute  authorizing  the  gov- 
ernor of  its  State  to  appoint  a  number  of  residents  of  other 
States  and  countries  to  act  in  the  taking  of  acknowledgments 
or  proofs  of  written  instruments,  taking  depositions  of  wit- 
nesses, taking  affidavits  and  the  oaths  of  persons  resident  in 
that  State  or  country  for  use  in  the  State  making  the  appoint- 
ment. They  are,  usually,  appointed  for  a  term  of  years,  or 
during  good  behavior.  They  are  required  to  take  an  oath 
for  faithfulness  in  office,  to  have  an  official  seal  with  which 
all  their  acts  are  to  be  attested,  together  with  their  signature. 
This  seal  to  contain  their  name  and  the  name  of  the  State  for 
which  they  are  appointed,  together  with  the  word  "commis- 
sioner." They  are  usually  required  to  pay  a  fee  for  the  ap- 
pointment to  the  Secretary  of  the  State  making  the  appoint- 
ment, and  are  often  restricted  as  to  the  fee  they  charge  for 
their  acts.  Before  acting  they  are  required  to  file  with  the 
Secretary  of  the  State  appointing  them  an  impression  of  their 
official  seal,  together  with  their  signature,  which  is  kept  on  file 
for  comparing  instruments  signed  by  them. 

§  516.  Acknowledgment. — A  certificate  of  acknowledg- 
ment made  by  a  commissioner  of  another  State,  need  not  be 
under  seal.  The  want  of  a  date  to  the  acknowledgment  would 
not  vitiate  it,  if  the  acknowledgment  was  sufficient  when  the 
deed  was  offered  in  evidence.1  In  Iowa  the  certificate  of  a 
commissioner  of  deeds  was  held  not  sufficiently  authenticated 
by  seal,  when  the  word  "Iowa"  was  written  in  the  body  of  the 
seal  instead  of  impressed  on  the  paper,  as  required  by  sta- 

i  Irving   v.   Brownell,   11   111.   404. 

264 


COMMISSIONERS  OF  DEEDS.  265 

tute.2  A  deed  acknowledged  by  a  commissioner  of  deeds  re- 
siding out  of  the  State  requires  no  authentication  of  his  official 
character.3  Commissioners  of  affidavits  regularly  appointed, 
have  full  authority  to  take  acknowledgments  within  the  State 
for  which  they  are  appointed,  of  lands  lying  in  North  Caro- 
lina, and,  when  necessary,  to  take  the  privy  examination  of  a 
married  woman,  who  is  a  grantor,  joining  her  husband  in  the 
execution.  When* the  certificate  of  such  commissioner  is  ad- 
judged correct  by  the  clerk  of  the  Superior  Court  of  the  county 
in  which  the  land  lies,  and  the  deed  is  registered  upon  the 
order  of  the  latter,  the  registration  will  be  deemed  valid  for 
all  purposes.4  An  acknowledgment  before  a  commissioner  of 
deeds  in  one  county  cannot  be  read  in  evidence  in  another 
county  without  the  certificate  of  the  clerk  of  the  former 
county.5 

§  517.  Administration  of  oaths. — A  commissioner  of  deeds 
for  Illinois  residing  in  another  State  can  administer  oaths 
lawfully  required  in  Illinois.6 

STATUTORY  REQUIREMENTS. 

5  518.  Alabama— APPOINTMENT— By  the  Governor.  TERM— 
Four  years.  POWERS — To  take  and  certify  depositions,  acknowledg- 
ments, proof  of  conveyance,  and  affidavits,  for  record  in  this  State  by 
persons  outside.  OATH  of  office  to  be  taken.  SEAL  of  office  to  be 
procured  to  authenticate  official  acts  with. 

§  519.  Alaska— APPOINTMENT  by  the  Governor.  TERM— Four 
years.  COMMISSION  FEE .  POWERS— To  take  proofs  or  ac- 
knowledgments of  conveyances  or  other  written  instruments,  acknowl- 
edgments of  satisfaction  of  any  judgment  or  decree  of  a  court  in  this 
district,  affidavits  or  depositions,  any  other  duties  conferred  or  imposed 
by  the  Alaska  code  or  statute.  SEAL — Provide  himself  with  an  official 
seal.  OATH  for  the  faithful  performance  of  his  official  duties  to  be 
taken  before  a  judicial  officer  of  his  county,  city  or  town,  and  file  same, 
together  with  an  impression  of  his  official  seal,  in  the  office  of  the 
Secretary  of  Alaska  Territory. 

§520.  Arizona— APPOINTMENT— By  the  Governor.  COMMIS- 
SION—Fee,  $2.50.  TERM— Four  years.  POWER— Within  his  State 
or  country.     To  administer  and  certify  oaths,  take  depositions,  affidavits 

s  Gage  v.  Dubuque  &  P.  R.  Co.,  4  Buggy  Co.  v.  Pegram,  102  N.  C. 
11  Iowa,  310.  540. 

*  Vance  v.  Schuyler,  1  Gilman,  &  Wood  v.  Weinant,  1  N.  Y.  77; 
160.  Borst  v.  Empire,  5  N.  Y.  33. 

eKassing  v.   Griffith,   86   111.   265. 


266  NOTAEIES  PUBLIC. 

and  acknowledgments.  SEAL — Provide  an  official  seal  having  en- 
graved upon  the  words  "Commissioner  of  Deeds  for  Arizona  Terri- 
tory" and  the  name  of  his  State  or  country.  All  his  official  acts  to  be 
authenticated  with  the  same.  His  acts  have  the  same  force  and  effect 
as  those  executed  in  this  State  by  an  officer  so  authorized.  OATH  of 
office  to  be  taken  and  subscribed  to  before  an  officer  authorized  in  his 
State  or  country  to  take  oaths  for  faithful  performance  of  his  duties. 
Same  to  be  filed  with  the  Secretary  of  this  territory  within  six  months 
after  taking.     FEES  to  be  the  same  as  those  prescribed  for  notaries. 

§521.  Arkansas  —  APPOINTMENT  —  By  the  Governor.  (Fee, 
.$5.00.)  TEEM— At  the  pleasure  of  the  Governor.  POWER— To  ad- 
minister oaths,  take  depositions,  affidavits  and  acknowledgments.  The 
same,  when  certified  by  them,  to  be  effectual  in  law  as  by  any  other 
authorized  officers.  OATH  of  office  to  be  taken  and  subscribed  to  before 
some  officer  authorized  to  administer  oaths  in  their  State,  before  act- 
ing. The  oath,  signature  and  an  impression  of  his  official  seal  to  be 
filed  with  the  Secretary  of  this  State  within  six  months  after  appoint- 
ment. A  SEAL  to  be  provided  to  authenticate  his  official  acts. 
FEES— Not  prescribed. 

§  522.  Calif  ornia— APPOINTMENT— By  the  Governor.  (Fee,  $5.00.) 
TERM — Four  years.  POWER — Within  his  State  and  country  to  admin- 
ister oaths,  take  and  certify  depositions  and  acknowledgments.  A 
SEAL  to  be  procured  having  engraved  upon  the  coat  of  arms  of  this 
State,  the  words  commissioner  of  deeds  for  the  State  of  California  and 
the  name  of  his  State.  All  his  official  acts  to  be  authenticated  with  it. 
His  acts  have  the  same  effect  as  if  done  and  certified  in  this  State  by 
any  officer  so  authorized.  OATH  of  office  must  be  filed  with  the  Secre- 
tary of  this  State  within  six  months  after  the  appointment.  FEES — 
To  be  the  same  as  those  prescribed  for  notaries  public.  Names  of 
commissioners  to  be  published  three  times  at  the  seat  of  government 
of  the  State  in  some  weekly  paper. 

§523.  Colorado— APPOINTMENT— By  the  Governor.  (Fee,  $5.00, 
Com.,  $1.00  O.  and  B.)  TERM — At  the  pleasure  of  the  Governor. 
POWERS — To  take  acknowledgments,  depositions,  affidavits  and  ad- 
minister oaths.  A  SEAL  to  be  procured  to  authenticate  their  acts  with 
name  of  State  on.  OATH  of  office  to  be  taken  and  subscribed  to  be- 
fore a  judge  or  clerk  of  a  court  of  record  where  he  resides.  Oath,  im- 
pression of  his  seal,  and  signature  to  be  deposited  with  the  Secretary 
of  this  State  within  six  months  after  appointment.  His  acts  under 
official  seal  have  the  same  effect  as  any  officer  so  authorized.  FEES 
to  be  the  same  as  notaries.  Noting  for  protest,  50c;  protest  and  record, 
75c;  notice  of  protest,  each,  50c;  certificate  and  seal,  50c;  acknowledg- 
ments, 50c;  additional,  25c;  taking  depositions,  15c  per  100  words; 
affidavit,  25c;  other  fees  same  as  a  justice  of  the  peace. 

§524.  Connecticut— APPOINTED  by  the  Governor.  (Fee,  $6.00.) 
TERM — Five  years.  POWER — To  take  acknowledgments,  oaths,  etc., 
examine  witnesses,  take  depositions.     OATH  of  office  to  be  filed  with 


COMMISSIONERS  OF  DEEDS.  267 

the  Secretary  of  State.     SEAL, — Official  seal  to  be  procured  to  authenti- 
cate their  acts  with.     FEES  fixed  by  the  State  in  which  they  reside. 

§525.  Delaware— APPOINTED  by  the  Governor.  (Fee,  $10.) 
TERM— Seven  years.  JURISDICTION  for  the  State  in  which  they  re- 
side or  are  appointed.  SEAL  to  be  procured.  POWER  to  administer 
oaths,  take  depositions,  affidavits,  acknowledgments  and  the  private  ex- 
amination of  any  married  woman,  party  to  a  deed.  OATH  of  office 
signed  and  certified  to  be  filed  with  the  county  recorder.  FEES — 
Same  as  notaries. 

§526.  District  of  Columbia— APPOINTMENT— By  the  President. 
(No  fee  required.)  TERM  OF  OFFICE— Five  years.  POWER— To  take 
acknowledgments  of  deeds  for  conveyance  of  property  in  the  District, 
to  administer  oaths,  take  depositions  in  cases  pending  in  the  courts  of 
the  District.  SEAL, — His  acts  properly  attested  by  hand  and  seal  of 
office  have  full  faith  and  credit. 

§527.  Florida— APPOINTMENT— By  Governor.  (Fee,  $7.00.) 
TERM — During  pleasure  of  the  Governor.  POWER — To  take  acknowl- 
edgments for  conveyances  in  this  State,  any  contracts,  letters  of  attor- 
ney or- other  writings  under  seal  to  be  used  or  recorded  in  this  State, 
to  administer  oaths.  OATH  of  office  to  be  taken  before  a  notary  or 
justice  of  the  peace  in  his  city  or  county  for  faithful  performance  of 
all  duties,  same  to  be  filed  with  the  Secretary  of  this  State.  SEAL  to 
be  procured  to  authenticate  his  acts. 

§528.  Georgia— APPOINTMENT— By  the  Governor.  (Fee,  $5.00.) 
TERM— No  statute.  POWERS — To  take  and  certify  acknowledgments 
or  proofs  of  conveyances,  take  depositions,  powers  of  attorney,  wills, 
affidavits,  oaths  and  other  writings  requiring  attestation  in  this  State. 
OATH  of  office  to  be  taken  before  anyone  authorized  to  administer 
oaths  and  filed  with  the  Secretary  of  State.  SEAL  of  office  to  be  pro- 
cured to  authenticate  his  official  acts.  FEES  regulated  by  the  State 
where  resident. 

§529.  Idaho— APPOINTMENT— By  the  Governor.  (Fee,  $5.00.) 
TERM  of  office,  four  years.  POWER — To  take  depositions,  acknowl- 
edgments and  oaths,  within  his  State.  SEAL  of  office  to  be  procured 
for  authenticating  his  official  acts  with,  having  on  it  "Commissioner 
for  the  State  of  Idaho,"  his  name.  His  oath  of  office  to  be  filed  with 
the  Secretary  of  this  State  within  six  months.  FEES — Same  as  allowed 
notaries. 

§  530.  Illinois— APPOINTMENT— By  the  Governor.  Not  to  exceed 
five  for  any  city  or  county  and  one  for  every  10,000  inhabitants  in 
cities,  States  and  territories.  Applicant  shall  present  to  Governor,  under 
seal  of  the  mayor  of  the  city  or  judge  of  a  court  of  record  of  the  city, 
that  the  applicant  is  a  proper  person  for  the  appointment.  (Fee,  $6.00 
for  commission  and  instructions.)  TERM — Four  years.  OATH  of  office 
to  be  taken  before  a  court  of  record  where  resident.  POWERS — Take 
release  of  dower,  acknowledgments,  contracts,  assignments,  transfers, 
letters  of  attorney,   satisfaction   of  judgments   or  mortgage,   or   any  in- 


268  .  NOTARIES  PUBLIC. 

strument  for  record  in  the  State.  To  certify  to  the  official  character, 
seal  or  signature  of  any  other  officer  within  their  district  authorized  to 
take  acknowledgments  or  oaths;  take  depositions.  His  properly  exe- 
cuted acts  to  have  same  effect  as  any  officer  in  this  State  so  authorized. 
SEAL  to  be  procured  having  on  "A  Commissioner  for  the  State  of 
Illinois,"  together  with  the  name  of  State  and  county,  town  or  city  of 
his  appointment.  Within  six  months  of  his  appointment  he  shall  file 
with  the  Secretary  of  this  State  his  oath,  signature  and  impression  of 
his  seal.  Failure  to  qualify  within  six  months  forfeits  appointment. 
No  one  can  act  before  qualifying.     FEES — See  notaries. 

§531.  Indiana— APPOINTMENT— By  the  Governor.  (Fee,  $5.00.) 
TERM  of  office,  four  years.  POWERS— To  take  depositions  and  affi- 
davits to  be  used  in  the  courts  of  this  State,  acknowledge  deeds  and 
other  documents  for  record  in  this  State,  same  to  be  attested  with  their 
official  seal.  OATH  of  office  to  be  subscribed  to  before  some  officer 
authorized  to  administer  it,  same  to  be  filed  in  the  office  of  the  Secre- 
tary of  this  State.  SEAL — To  procure  an  official  seal  to  authenticate  his 
acts  with.  FEES — Certificate  and  seal,  50c;  depositions,  etc.,  per  100 
words,  10c;  administering  oath,  10c;  protest,  50c;  notice  of,  25c; 
acknowledgments  and  seal,  25c;  per  100  words,  copying  protests,  10c. 

§532.    Indian  Territory — (Com.  of  Deeds).     No  statute. 

§533.  Iowa— APPOINTMENT— By  the  Governor.  (Fee,  $5.00.) 
TERM — Three  years.  POWERS— To  take  depositions,  affidavits,  ac- 
knowledgments and  oaths.  SEAL — To  procure  same  having  on  "Com- 
missioner, Iowa,"  his  name  and  State.  Same  with  signature  received 
as  evidence  in  this  State.  OATH  for  faithfulness  to  be  taken  before  a 
judge  or  clerk  of  a  court  of  record  or  an  authorized  commissioner  for 
Iowa,  under  the  hand  and  official  seal  of  party  taking,  same  with  signa- 
ture added  and  impression  of  the  seal  of  the  appointee  to  be  sent  to 
the  Secretary  of  this  State.  Commissioners  of  like  nature  appointed 
by  other  States  for  this  State,  are  invested  with  the  authority  of 
justices  of  the  peace  to  issue  subpoenas  for  witnesses  before  them,  and 
can  administer  oaths  when  permitted  by  such  State.  False  swearing 
is  subject  to  the  perjury  laws  of  this  State.  Such  commissioner  shall 
file  a  certificate  of  his  authority  and  appointment  with  the  Secretary  of 
this  State.     FEES — Same  as  allowed  in  his  State  for  like  services. 

§534.  Kansas— APPOINTMENT— By  the  Governor.  (Fee,  $1.00.) 
TERM — During  pleasure  of  the  Governor.  POWERS — To  administer 
oaths,  take  depositions,  affidavits  and  acknowledgments  of  deeds,  etc., 
powers  of  attorney  and  instruments  for  record  in  this  State,  same  to 
be  effectual  in  law.  OATH  of  office  to  be  taken  and  subscribed  to 
before  a  justice  of  the  peace  or  other  officer  authorized  to  administer 
oaths.  Same  to  be  filed  with  the  Secretary  of  this  State;  also  his 
signature  and  impression  of  official  seal.  SEAL — To  be  procured  to 
authenticate  his  official  acts  with.     FEES — No  statute. 

§  535.  Kentucky— APPOINTMENT— By  the  Governor.  (Fee,  $5.00.) 
TERM  OF  OFFICE— Two  years.  AN  AFFIDAVIT  to  well  and  truly 
perform  his  duties,  to  be  made  before  an  officer  authorized  to  administer 


COMMISSIONERS  OF  DEEDS.  269 

oaths,  same  to  be  transmitted  for  filing  to  the  Secretary  of  this  State. 
POWERS — To  take  proofs,  acknowledgments  (except  wills),  oaths  and 
depositions  for  record  in  this  State.  All  his  acts  certified  under  his 
hand  and  seal  are  entitled  to  record.  SEAL  of  office  to  be  procured  to 
authenticate  his  acts.  FEES — Making  a  deed,  $1.50;  taking  deposition, 
$2.00;  more  than  one  for  same  party,  each,  $1.00.  Not  to  exceed  $3.00 
per  day  against  each  party.  Subpoenas  and  other  papers  same  as  circuit 
court  clerks.     Court  may  allow  for  extras. 

§536.  Louisiana— APPOINTED  by  the  Governor.  (Fee,  $5.00.) 
TERM— Four  years.  ELIGIBILITY— Of  known  integrity  and  ability, 
resident  in  that  State.  POWERS — To  take  depositions  by  virtue  of  a 
commission,  to  take  acknowledgments  and  any  writings  to  be  used  in 
this  State,  oaths  or  affirmations,  etc.,  to  attest  signatures,  official 
capacity  and  official  acts  of  any  judge,  justice  of  the  peace  or  other 
public  officer  holding  a  commission  or  acting  under  authority  of  the 
State  in  which  he  resides.  His  power  extends  only  to  parties  resident 
of  his  State,  except  in  taking  testimony  under  a  commission.  Their 
commission  to  conform  to  the  laws  of  this  State.  Their  signature  and 
official  seal  to  be  attached.  They  can  act  as  notaries  in  the  State  where 
appointed.  SEAL  of  office  to  be  provided  bearing  their  name,  office 
and  State.  Their  signature  and  impression  of  seal  to  be  deposited  with 
the  Secretary  of  this  State.  American  ministers,  charge  d'  affaires, 
consuls-general,  consuls,  vice-consuls  and  commercial  agents  in  any 
foreign  country  can  act  and  use  their  own  seals  of  office.  Notaries  of 
other  States  may  act,  with  proof  of  their  signature. 

§537.  Maine— APPOINTMENT— By  the  Governor.  (Fee,  $5.00.) 
A  Justice  of  the  Supreme  Court  or  the  Governor  of  the  State  of  the 
applicant  must  sign  the  application.  TERM  OF  OFFICE — At  the 
Governor's  pleasure.  POWERS — To  take  acknowledgments  and  certify 
same  under  his  official  seal,  to  administer  oaths,  to  take  and  certify 
depositions.  OATH  of  office  to  be  taken  and  subscribed  to  before  a 
judge  or  clerk  of  the  Superior  Court  of  his  State  or  country.  Same  with 
impression  of  his  official  seal  to  be  filed  with  the  Secretary  of  this  State. 
False  certificates  of  acknowledgments,  or  signatures,  shall  be  punished 
as  forgeries.  SEAL  to  be  provided  to  authenticate  his  acts.  FEES — No 
statute  regarding. 

§538.  Maryland— APPOINTMENT— By  the  Governor,  with  the 
Senate's  consent,  biennially.  (Fee,  $10.00.)  TERM  OF  OFFICE — Two 
years.  OATH  of  office  to  be  taken  before  a  justice  of  the  peace  or 
notary  public  in  the  city  or  county  of  his  residence.  SEAL — He  shall 
provide  an  official  seal  for  authenticating  all  his  official  acts.  An  im- 
pression of  his  seal  with  his  oath  of  office  to  be  filed  with  the  Secretary 
of  this  State.  POWERS — After  qualifying  he  can  administer  oaths  for 
use  in  this  State,  take  acknowledgments,  and  other  instruments  for 
record  in  this  State.  The  record  of  his  appointment  with  the  Governor 's 
certificate  under  the  great  seal  of  the  State  shall  be  evidence  of  appoint- 
ment. 

§539.    Massachusetts— APPOINTMENT— By     the     Governor,     with 


270  NOTARIES  PUBLIC. 

consent  of  council.  (Fee,  $5.00.)  TERM— Three  years.  OATH  of 
office  to  be  taken  and  subscribed  to  within  three  months  after  the 
appointment,  before  a  justice  of  the  peace  or  other  magistrate  of  the  city 
or  county  where  he  resides  or  before  a  clerk  of  a  court  of  record  of  his 
county.  SEAL  to  be  provided  with  the  words  "Commissioner  for 
Massachusetts,"  and  the  name  of  the  State,  city  or  county  in  which 
he  resides.  An  impression  of  such  seal,  with  his  oath  of  office  and  sig- 
nature, to  be  filed  with  the  Secretary  of  the  commonwealth.  POWERS 
— To  administer  oaths,  take  affidavits,  depositions,  acknowledgments  in 
his  State  for  record  in  this  State,  certified  under  his  official  seal.  FOR- 
EIGN COMMISSIONERS— Oath  of  office  to  be  taken  before  a  judge 
or  clerk  of  a  court  of  record  of  his  country  or  before  a  resident  United 
States  minister  or  consul.  The  same,  with  an  impression  of  his  official 
seal,  shall  be  filed  with  the  Secretary  of  this  commonwealth.  SPECIAL 
COMMISSIONERS  appointed  and  qualified  shall  have  the  same  powers 
as  justices  of  the  peace  in  administering  oaths,  taking  depositions, 
affidavits  and  acknowledgments,  and  to  issue  summonses.  Women  who 
are  21  years  of  age  may  be  appointed  by  the  Governor  with  consent  of 
the  council.  TERM — Seven  years.  FEES — Oath  and  certificate,  $1.00; 
acknowledgments,  $1.00;  depositions,  per  page,  50c;  affidavit,  50c;  oath 
on  deposition,  $1.00;  other  fees  same  as  a  justice  of  the  peace.  Court 
may  add  more  for  depositions.  Sealing  and  sending  depositions,  $1.00. 
Officers  must  make  a  detailed  statement  of  fee*  or  forfeit  three  times  the 
amount  paid.  Fee  list  to  be  posted  in  his  office.  Fee  to  be  indorsed  on 
each  writ. 

§  540.  Michigan— APPOINTED  by  the  Governor.  (Fee,  $3.00.) 
Must  present  a  written  application  to  the  Governor,  a  recommendation 
from  the  Governor  of  the  State  or  judge  of  a  countjr  court  of  record 
where  the  applicant  resides,  or  other  satisfactory  evidence  of  fitness  for 
the  office.  TERM — Five  years.  POWERS — To  take  acknowledgment  of 
deeds,  mortgages  or  other  conveyances  of  lands,  etc.,  lying  in  this 
State,  any  contract,  power  of  attorney  or  other  writings  under  seal  to 
be  used  or  recorded  in  this  State.  Same  must  be  under  his  seal  of 
office.  OATH  for  the  faithful  discharge  of  the  duties  of  the  office  to 
be  furnished,  subscribed  to  before  any  party  authorized  to  administer 
oaths  where  applicant  resides.  Same  to  be  filed  with  the  Secretary  of 
this   State.     FEES — No   statute   regulating.      See   notaries. 

§541.  Minnesota— APPOINTMENT— By  the  Governor.  (Fee,  — .) 
TERM — Pleasure  of  the  Governor.  POWER — To  take  acknowledgments 
of  deeds  and  other  papers  pertaining  to  matters  in  this  State,  take 
oaths,  etc.  SEAL — Official  seal  must  be  attached  to  all  papers  to  be 
effective.  OATH  OF  OFFICE— Must  subscribe  to  an  oath  before  a 
judge  or  clerk  of  a  court  of  record  of  his  State  for  the  faithful  dis- 
charge of  his  duties,  which  oath,  with  a  description  or  impression  of 
his  seal  of  office  to  be  filed  with  the  Secretary  of  this  State. 

§542.  Mississippi— APPOINTMENT— By  the  Governor.  (Fee,  $5.) 
TERM — Four  years.  POWER — To  administer  oaths,  certify  acknowl- 
edgments, take  and  certify  depositions  and  affidavits,  for  use  or  record 


COMMISSIONERS  OF  DEEDS.  271 

in  this  State,  same  to  be  as  effectual  as  if  done  in  this  State  by  an 
authorized  officer.  OATH  for  faithfulness  in  office  to  be  taken  and 
subscribed  to  before  an  officer  authorized  to  administer  oaths.  FEES — 
Deposition,  certificate  and  oath,  50c;  acknowledgments,  25c;  deposition, 
per  100  words,  10c. 

§543.  Missouri— APPOIXTMEXT— By  the  Governor.  (Fee,  $7.50.) 
TERM  OF  OFFICE— The  pleasure  of  the  Governor.  POWERS— Take 
acknowledgments  or  any  writings  under  seal  or  note  to  be  used  and 
recorded  in  this  State.  If  in  a  foreign  country,  they  may  certify  to  the 
official  character,  signature  or  seal  of  any  officer  in  their  district 
authorized  to  take  acknowledgments  or  oaths,  administer  oaths  and  take 
and  certify  depositions.  OATH  of  office  to  be  taken  before  a  judge  or 
clerk  of  a  court  of  record  where  he  resides,  to  well  and  faithfully  exe- 
cute and  perform  all  the  duties  of  his  office,  under  and  by  virtue  of  the 
laws  of  the  State  of  Missouri.  The  oath,  impression  of  his  official  seal 
and  signature  to  be  filed  with  the  Secretary  of  this  State  within  six 
months  after  appointment.  FEES — The  same  as  clerks  of  courts  of 
record.  Taking  acknowledgments,  50c;  administering  oaths,  25c;  cer- 
tificate and  seal,  50c;  affidavits,  certificate,  15c;  summons,  50c;  wit- 
ness fees,  per  day,  $1.00;  outside  county,  per  day,  $1.25;  travel,  per 
mile.  5c;   oaths  and  affidavits,  25c;  subpoenas,  25c;   making  deed,  $1.00. 

§  544.  Montana— APPOIXTMEXT— By  the  Governor,  for  five  years, 
subject  to  removal.  (Fee,  $5.00.)  POWER  to  act  in  the  State  or  county 
where  appointed.  To  certify  and  take  depositions,  acknowledgments 
and  affidavits.  SEAL< — To  provide  and  keep  an  official  seal  and  authen- 
ticate their  acts  with,  having  engraved  on  their  name,  "Commissioner 
of  Deeds  for  the  State  of  Montana,"  and  the  name  of  their  State. 
OATH — Their  official  oath  and  impression  of  their  seal  to  be  filed  with 
the  Secretary  of  this  State  within  six  months  from  their  appointment. 
FEES — Same  as  notaries  public. 

§545.  Nebraska— APPOIXTMEXT— By  the  Governor.  (Fee,  $1.00.) 
TERM  of  office,  four  years.  DUTIES — To  take  acknowledgments,  ad- 
minister oaths,  take  depositions.  OATH — To  take  oath  of  office  before 
an  officer  authorized  to  take  oaths.  SEAL — To  procure  a  seal  of  offic-f 
having  on  his  name,  "A  Commissioner  for  Xebraska, "  with  the  name 
of  his  city,  county  and  State.  The  oath,  impression  of  seal  and  sig 
nature  to  be  filed  with  the  Secretary  of  State.  His  acts  must  be  certi 
fied  to  by  the  Secretary  of  State  before  admitted  to  record  or  read  in 
evidence.  To  act  only  within  his  place  of  appointment,  and  specify  the 
day,  city,  town  or  county  where  act  was  done.  Must  personally  know 
or  have  identified  persons  making  acknowledgments. 

§546.  Nevada— APPOIXTMEXT— By  the  Governor.  (Fee,  $10.00.) 
TERM  of  office,  four  years,  unless  sooner  removed.  POWER — To  ad- 
minister oaths,  take  depositions  and  affidavits  and  acknowledgments, 
to  be  used  in  this  State,  to  certify  same  under  his  hand  and  seal.  Same 
have  the  same  effect  as  if  done  by  a  notary.  OATH  of  office  to  be 
taken  and  filed  with  Secretary  of  State  within  six  months  before  acting. 
SEAL — To  procure  seal  and  authenticate  his  acts  therewith.     FEES — 


272 


NOTAEIES  PUBLIC. 


Affidavit,  deposition,  etc.,  per  folio,  30c;  oath  or  affirmation,  25c;  seal- 
ing an  instrument,  50c;  acknowledgments  or  proofs,  with  seal  and  cer- 
tificate, $1.00;  each  additional  signature,  50c. 

§547.  New  Hampshire— APPOINTMENT— By  the  Governor,  with 
the  advice  of  the  council.  (Fee,  $1.00.)  TEEM  of  office,  five  years. 
OATH  to  be  taken  and  subscribed  to  before  a  judge  of  a  court  of  record 
for  faithful  performance  of  duties  of  the  office  before  acting,  same  te 
be  filed  with  Secretary  of  State  within  six  months.  POWEES — To 
administer  oaths,  take  depositions  and  affidavits,  notify  parties  of  the 
time  and  place  thereof,  take  acknowledgments  for  use  or  record  in  this 
State,  in  the  same  manner  and  with  the  same  effect  as  a  justice  of  the 
peace  of  this  State.  Commissioners  of  ether  States  with  like  powers 
in  this  state  to  be  used  in  other  States  or  appointed  by  the  Supreme 
Court  or  justices  thereof,  shall  have  power  to  administer  oaths  and 
affirmations,  to  issue  summons  to  witnesses,  to  proceed  against  same  for 
neglect  to  answer  summons  or  testify,  and  in  all  proceedings  under  his 
commission  that  is  vested  in  justices  of  the  peace  in  like  cases.  FEES 
— Controlled  by  the  courts. 

§548.  New  Jersey — APPOINTED  by  the  Governor.  In  this  State: 
Fifteen  for  each  ward  in  first-class  cities;  eight  for  each  ward  in  second- 
class  cities;  five  for  each  ward  in  others;  one  for  each  city,  town,  etc., 
not  included  in  above,  for  every  five  hundred  population,  provided  each 
town  have  three  commissioners.  (Fee,  $5.00,  and  $1.00  for  recording 
seal.)  ELIGIBILITY— Competent.  POWEES— To  take  acknowledg- 
ments; may  take  outside  his  own  State  or  county.  TEEM  of  office 
begins  on  the  first  day  of  April;  five  years.  EEMOVAL  from  township, 
town,  city  or  borough,  voids  the  appointment.  OATH  of  office  to  be 
taken  and  subscribed  to  before  the  county  clerk  within  two  months, 
before  acting.  FEES,  same  as  allowed  for  like  services.  FOEEIGN 
COMMISSIONEES— APPOINTED  by  the  Governor.  (Fee,  $5.00.) 
TEEM  OF  OFFICE — Three  years.  EEMOVAL  of  residence  from  his 
State  vitiates  his  commission.  Overcharging  of  fees  incurs  removal 
from  office.  POWEES — To  take  acknowledgments  or  proofs,  to  admin- 
ister oaths,  affirmations  and  affidavits.  SEAL — To  provide  themselves 
with  an  official  seal  to  attest  their  acts  with.  An  impression  of  same 
with  their  oath  of  office  to  be  sent  to  the  Secretary  of  this  State. 
FEES — For  acknowledgments  or  proof,  $1.00;  each  oath,  25c.  OATH  of 
office  to  be  taken  and  subscribed  to  before  the  mayor  or  other  chief 
magistrate  of  the  city  where  resident  or  before  a  judge  of  the  Supreme 
or  Superior  Court  of  his  State,  to  faithfully  perform  the  duties  of  his 
office.  This  before  acting.  Commissioners  for  New  York  and  Pennsyl- 
vania may  reside  in  this  State  but  not  to  act  here.  Women  are  eligible 
to  the  appointment. 

§549.  New  Mexico— APPOINTMENT— By  the  Governor.  (Fee, 
$5.00.)  TEEM — At  the  Governor's  pleasure.  POWEES — To  take  depo- 
sitions, affidavits,  acknowledgments  or  proofs  of  written  instruments, 
and  to  administer  oaths  for  use  in  this  territory.  The  same  certified 
under  his  hand  and  appropriate  seal  to  be  as  effectual  in  law  for  all 


COMMISSIONERS  OF  DEEDS.  273 

intents  and  purposes  as  if  done  and  certified  by  a  justice  of  the  peace 
in  this  territory.  OATH  to  be  taken  and  subscribed  to  before  some 
judge  or  clerk  of  a  court  of  record  where  he  is  to  exercise  his  appoint- 
ment, for  faithfulness  in  office,  before  acting,  same  to  be  certified  under 
the  hand  of  the  party  taking  it,  and  the  seal  of  the  court.  The  oath 
and  certificate,  with  the  commissioner's  signature  and  an  impression  of 
his  official  seal  on  paper  and  on  wax  or  wafer,  to  be  filed  with  the 
Secretary  of  the  Territory.  Same  to  have  the  same  force  as  evidence 
as  those  of  a  notary  public.  FEES  allowed  to  be  the  same  as  those 
allowed  for  like  services  by  the  laws  of  his  State  or  territory.  Com- 
missioners of  other  States  and  territories  appointed  in  this  territory 
with  like  authority,  are  invested  with  the  authority  of  a  justice  of  the 
peace,  to  issue  subpoenas  requiring  the  attendance  of  witnesses  before 
them  to  give  their  testimony  by  deposition  or  affidavit,  can  administer 
oaths  in  any  matter  required  or  permitted  by  the  law  of  their  State  or 
territory.  False  swearing  is  subject  to  the  penal  laws  of  this  territory 
relating  to  perjury.  SEAL  of  office  to  be  procured  to  authenticate  their 
acts  with. 

§  550.  New  York— APPOINTMENT— In  the  cities  of  the  State,  by 
the  city  common  council.  TEEM,  two  years.  Number  to  be  appointed, 
to  be  determined  at  the  end  of  every  two  years.  Not  applicable  to  the 
city  of  New  York.  POWERS,  to  take  acknowledgment  of  all  written 
instruments.  APPOINTMENT  in  other  states  and  countries — By  the 
Governor.  ELIGIBILITY— To  reside  where  appointed.  TERM— Four 
years.  OATH  of  office  to  be  taken,  if  in  the  United  States,  before  a 
justice  of  the  peace,  or  some  other  magistrate.  If  abroad,  before  a 
person  authorized  by  the  laws  of  this  State  to  administer  oaths  in  such 
country,  or  before  a  clerk  or  judge  of  a  court  of  record.  SEAL  of  office 
to  be  provided  having  on  his  name  and  the  words  "Commissioner  of 
deeds  for  the  State  of  New  York,"  and  the  name  of  the  city  or  county, 
and  the  State  or  country  from  which  appointed;  shall  file  a  clear 
impression  of  such  seal,  his  signature  and  oath  certified  by  the  officer 
before  whom  taken,  in  the  office  of  the  Secretary  of  State.  Upon  receipt 
of  same  he  shall  receive  instructions  and  forms.  POWERS — Within 
the  place  of  his  appointment  to  take  acknowledgments,  or  proofs  of 
written  instruments,  except  a  bill  of  exchange,  promissory  note,  or  will. 
To  take  oaths,  same  to  be  admitted  as  evidence  or  for  record.  NEW 
YORK  CITY— APPOINTMENT  by  the  board  of  aldermen.  TERM, 
two  years,  not  required  to  be  approved  by  the  Mayor  of  city  council. 
Oath  of  office  shall  be  taken  before  the  commissioner  of  deeds  clerk. 
DUTIES — To  take  acknowledgments.  In  counties  where  his  signature 
and  seal  have  been  recorded,  his  acts  may  be  performed  without  his 
official  seal.  He  is  liable  to  parties  injured  for  any  misconduct  in  office. 
FEES — If  for  another  State,  not  to  exceed  four  times  the  amount 
allowed  by  the  laws  of  such  State.  In  no  case  for  an  acknowledgment 
or  an  oath  over  $1.00.  IN  GREAT  BRITAIN— Taking  acknowledgments 
and  issuing  certificates,  four  shillings,  administering  an  oath,  one  shil- 
ling. In  France  or  other  foreign  country — Administering  an  oath,  and 
18 


274  NOTARIES  PUBLIC. 

certifying,  one  franc  and  twenty-five  centimes.  Taking  an  acknowl- 
edgment or  certifying  to  the  correctness  of  a  copy  of  a  patent,  etc., 
five  francs.  Foreign  commissioners  must  have  their  acts  certified  by  the 
secretary  of  the  State  of  their  appointment.  Commissioner  of  deeds 
appointed  by  common  council  of  cities,  population  not  less  than  300,- 
000  nor  more  than  550,000,  expires  on  31st  day  of  December  of  the 
even  number  year,  next  after  appointment  to  be  made  in  November. 
TERM — Two  years,  notification  to  be  made  by  county  clerk.  OATH  of 
office  to  be  taken  within  ten  days  before  county  clerk.     (Fee,  $1.00.) 

§551.  North  Carolina— APPOINTMENT  by  the  Governor.  TERM 
— Two  years.  POWERS  to  take  acknowledgments  or  proofs  of  deeds 
and  other  instruments  in  writing,  to  take  the  private  examination  of 
married  women  to  certify  same,  and  it  shall  have  the  same  force  and 
effect  as  if  taken  in  this  State.  To  administer  oaths  or  affirmations, 
take  depositions  and  examine  witnesses.  OATH  to  be  taken  and  sub- 
scribed before  a  justice  of  the  peace  in  the  city  or  county  where  he 
resides,  well  and  faithfully  to  execute  the  duties  of  his  office.  Before 
acting,  and  the  same  to  be  filed  with  the  Secretary  of  this  State,  who 
will  record  and  issue  the  commission  and  certify  the  appointment  to  the 
clerks  of  the  superior  courts,  who  shall  record  the  same.  Clerks  of 
courts  of  records  in  other  States  have  power  as  commissioners  of 
affidavits  and  deeds.  The  clerk  of  the  superior  court  having  jurisdic- 
tion, shall  adjudge  deed  or  instrument  acknowledged  or  proved  by  other 
State  commissioners.  FEES — Affidavit,  40  cents;  affixing  seal,  25  cents; 
acknowledgments,  25  cents. 

§552.  North  Dakota— APPOINTMENT  by  the  Governor.  (Fee, 
$3.00.)  TERM — Six  years.  POWERS — To  take  acknowledgments  and 
proofs  of  instruments,  administer  oaths,  take  and  certify  depositions. 
SEAL  to  be  procured  for  authenticating  his  official  acts  having  en- 
graved on  "Commissioner  of  Deeds  for  the  State  of  North  Dakota," 
with  his  surname  and  at  least  the  initials  of  his  Christian  name,  also 
the  name  of  his  State  or  country,  with  the  date  his  commission  expires. 
Acts  to  be  as  effectual  in  law  as  those  of  any  officer  so  authorized  in  this 
State,  when  certified  under  his  seal  of  office.  OATH  of  office  to  be 
taken  and  subscribed  to  before  a  judge  or  clerk  of  a  court  of  record 
or  officer  having  a  seal  in  his  State  or  country,  well  and  faithfully  to 
perform  all  the  duties  of  his  office  by  virtue  of  the  laws  of  this  State. 
File  with  signature  and  an  impression  of  seal  with  the  Secretary  of 
this  State.  BOND  for  $500,  with  a  surety  company  as  security;  to  be 
filed  with  the  Secretary  of  this  State.  FEES — Same  as  notaries  in  his 
State. 

§553.  Ohio— APPOINTMENT  by  the  Governor.  (Fee,  $3.00.) 
TERM — Three  years.  ELIGIBILITY — Governor  to  determine.  AU- 
THORITY, to  take  affidavits,  depositions,  and  acknowledgments  for 
record  in  Ohio.  SEAL  to  be  procured  for  authenticating  his  acts. 
OATH  of  office  to  be  taken  and  subscribed  to  before  a  judge  of  a  court 
of  record  or  some  Ohio  commissioner  within  the  State  or  country. 
Same   with   signature   thereto   and   an   impression   of   his   seal    of   office 


COMMISSIONERS  OF  DEEDS.  275 

shall  be  transmitted  to  the  Governor  and  filed  in  the  office  of  the  Sec- 
retary of  State.  FEES — Swearing  witnesses,  25  cents;  deposition,  each 
100  words,  and  certificate  or  affidavit,  10  cents;  authenticating,  sealing 
up,  and  directing  same,  $1.00;  taking  acknowledgment,  $2.00;  affidavits, 
$1.00.  Excess  of  these  charges,  dishonesty  or  unfaithfulness  in  office 
subjects  him  to  removal  by  the  Governor  and  public  notice. 

§  554.  Oklahoma— APPOINTMENT  by  the  Governor.  (Fee,  $1.00.) 
TERM,  at  the  Governor 's  pleasure.  DUTIES,  to  take  acknowledg- 
ments, or  any  writings  under  seal  for  use  in  this  territory.  To  admin- 
ister oaths,  take  depositions.  SEAL,  to  provide  an  official  seal,  having 
engraved  on  the  words  Commissioner  of  the  Territory  of  Oklahoma, 
with  his  name,  also  the  name  of  his  State.  OATH  of  office  to  be  taken 
and  subscribed  to,  before  acting,  before  a  judge  or  clerk  of  a  court  of 
record.     FEES — No  statute. 

§555.  Oregon— APPOINTMENT  by  the  Governor.  (Fee,  $2.50.) 
TERM — Four  years.  Jurisdiction  where  appointed  for.  POWERS — To 
take  acknowledgments,  affidavits,  depositions.  SEAL  of  office  to  be 
provided,  having  the  arms  of  this  State,  in  its  center,  surrounded  by 
"Commissioner  for  Oregon,"  with  his  State  name.  OATH  to  be  taken 
and  subscribed  to  before  a  judicial  officer.  Oath  and  impression  of  his 
seal  to  be  filed  with  the  Secretary  of  State. 

§556.  Pennsylvania— APPOINTMENT,  by  the  Governor.  (Fee, 
$5.00.)  TERM,  five  years.  Women  may  be  appointed.  When  they 
marry  must  report  name  to  the  Governor  so  their  certificate  can  be 
changed.  POWERS,  to  take  acknowledgments,  oaths,  for  use  in  this 
State,  and  certify  same  under  their  hand  and  seal.  Oath  of  office  to  be 
taken  before  a  justice  of  the  peace  of  his  count}'.  Same  to  be  filed  with 
the  secretary  of  this  State,  all  before  acting.  FEES — Acknowledg- 
ments, $1.00.  FOREIGN  COMMISSIONERS— TERM,  at  governor's 
pleasure.  OATH  to  be  taken  before  a  judge  or  clerk  of  a  court  of 
record,  where  resident.  SEAL  to  be  procured  to  authenticate  their 
official  acts.  Impression  of  seal,  signature  and  oath  to  be  filed  with 
the  Secretary  of  this  State.     FEES,  same  as  other  commissioners. 

§  557.  Porto  Rico— APPOINTMENT,  by  the  Governor.  TERM,  four 
years.  (Fee,  $1.00.)  OATH  to  be  taken  before  a  justice  of  the  peace 
or  other  officer  of  the  city,  town  or  territory  within  three  months  or  for- 
feit the  office.  SEAL  to  be  procured  having  engraved  on,  his  name, 
"Commissioner  for  Porto  Rico,''  name  of  the  State  or  territory,  city  and 
county,  where  he  resides.  An  impression  of  his  seal,  oath  of  office  and 
signature  to  be  filed  in  the  office  of  the  Secretary  of  the  island. 
DUTIES  AND  POWERS,  to  administer  oaths,  take  depositions,  affi- 
davits and  acknowledgments  for  record  in  Porto  Rico,  same,  under  his 
official  seal,  shall  be  as  effectual  as  if  taken  on  the  island.  FEES, 
taking  oaths,  $1.00;  acknowledgments,  $1.00;  depositions,  per  page, 
50c;  administering  oath  to  each  deponent,  $1.00;  authenticating,  seal- 
ing up  and  directing  each  deposition,  $1.00.  Court  may  allow  further 
fees  if  necessary.  Other  fees  same  as  notary  publics.  Documents  may 
be  written  in  English  where  notary  and  parties  know  the  language. 


276 


NOTARIES  PUBLIC. 


§558.  Rhode  Island— APPOINTMENT,  by  the  Governor.  (Fee, 
$2.00.)  TERM,  five  years.  OATH  of  office  to  be  taken  before  an 
authorized  officer,  and  filed  with  the  Secretary  of  State  before  acting, 
within  six  months.  POWERS,  to  take  depositions,  acknowledgments, 
affidavits  and  oaths  for  record  in  this  State.  SEAL,  to  provide  an 
official  seal  with  which  to  authenticate  his  acts.     FEES— No  statute. 

§  559.  South  Carolina— APPOINTMENT  by  the  Governor.  (Fee, 
$3.25.)  TERM — At  the  Governor's  pleasure.  OATH  of  office  to  be 
taken  and  subscribed  to,  before  acting;  any  authorized  officer  in  his 
city  or  county  can  take  it.  Same  with  the  commission,  to  be  filed  with 
the  Secretary  of  State,  who  shall  give  notice  of  such  in  one  or  more 
gazettes  of  the  State.  POWER,  to  take  renunciation  of  dower, 
acknowledgments,  or  any  writing  under  seal,  to  be  used  or  recorded 
in  this  State,  when  certified  under  his  hand  and  seal.  Also  power  to 
administer  oaths.  Verifications  of  pleadings,  affidavits  and  proofs  of 
claims  made  before  notaries  public  in  other  states  shall  have  the  same 
effect  as  if  made  before  a  commissioner  of  deeds  for  this  State.  To  use 
his  official  seal.  SEAL  of  office  to  be  provided  for  authenticating  his 
official  acts.     FEES — Same  as  notaries. 

§560.  South  Dakota— APPOINTMENT,  by  the  Governor.  (Fee, 
$5.00.)  TERM,  at  the  Governor's  pleasure.  POWERS — Take  acknowl- 
edgments of  deeds  and  other  instruments  for  record  in  this  State,  oaths, 
and  depositions.  OATH  of  office  to  be  taken  and  subscribed  to  before 
a  judge  or  clerk  of  a  court  of  record  having  a  seal.  File  with  the  State 
Secretary,  also  copy  of  seal.  SEAL  to  be  procured  having  on  "Com- 
missioner of  South  Dakota,"  his  surname,  and  at  least  the  initials  of 
his  Christian  name,  the  name  of  the  State  commissioned  for.  To 
authenticate  his  official  acts  with  same.     FEES — No  statute  regulating. 

§561.  Tennessee — APPOINTMENT,  by  the  Governor.  Fee,  $10.00. 
TERM,  four  years.  POWERS,  to  take  ackuowledgments,  depositions, 
affidavits,  powers  of  attorney,  probate  deeds,  etc.,  for  record  in  this 
State.  Same  to  conform  to  Tennessee  statutes.  OATH  of  office  to  be 
taken.  SEAL  of  office  to  be  procured  to  authenticate  his  official  acts 
with. 

§  562.  Texas — Appointment  by  the  Governor,  on  the  recommenda- 
tion of  the  executive  of  the  State  or  county  of  applicant.  (Fee,  $1.00.) 
TERM,  two  years,  or  his  successor  qualified.  POWERS,  to  take  ac- 
knowledgments and  proofs,  oaths,  depositions,  same  to  be  as  effective 
as  if  made  in  this  State.  OATH  of  office  to  be  taken  before  a  clerk  of 
a  court  of  record  of  his  county,  subscribed  and  sworn  to  under  the 
hand  and  official  seal  of  the  clerk,  and  filed  with  the  Secretary  of  this 
State.  SEAL  of  office  to  be  procured  to  authenticate  all  his  official  acts 
with,  having  in  the  center,  "A  star  of  five  points,"  and  "Commissioner 
of  the  State  of  Texas"  engraved  thereon.  His  acts  have  no  effect  un- 
less so  certified.     FEES,  not  regulated. 

§563.  Utah— APPOINTMENT  by  the  Governor.  (Fee,  $5.00.) 
TERM — At  the  Governor's  pleasure.  POWERS — To  administer  oaths, 
take  depositions,  affidavits  and  acknowledgments,  for  use  or  record  in 


COMMISSIONERS  OF  DEEDS.  277 

this  State.  The  same  when  certified  under  his  hand  and  seal  are  as 
effectual  in  law  for  all  intents  and  purposes  as  if  done  by  an  authorized 
officer  in  the  State.  OATH  to  be  taken  and  subscribed  to  before  a 
judge  or  clerk  of  a  court  of  record,  in  the  State  of  the  commissioner, 
certified  by  the  person  taking,  under  his  hand  and  seal  of  the  court. 
The  oath,  certificate,  and  signature  on  paper,  and  a  clear  impression  of 
his  seal  to  be  filed  with  the  Secretary  of  this  State  before  acting.  SEAL 
of  office  to  be  procured,  upon  which  must  be  engraved  his  name,  the 
words  "Commissioner  of  Deeds  for  the  State  of  Utah,"  and  the  name 
of  the  State  for  which  he  is  commissioned.  All  his  official  acts  must  be 
authenticated  with  this  seal.  The  date  of  expiration  of  his  commission 
must  be  stated  in  all  his  official  acts.  Commissioners  for  other  States 
residing  in  this  State  shall  file  with  the  Secretary  of  State  a  certified 
copy  of  their  commission,  together  with  a  statement  of  their  place  of 
residence.  FEES — Affidavits,  depositions,  first  folio,  50c;  subsequent 
folios,  15c;  acknowledgments  or  proofs  of  deeds,  including  certificate 
and  seal,  for  first  signature,  50c  each;  additional  signature,  25c;  oaths 
or  affirmation,  25c;  every  certificate  and  seal,  50c. 

§564.  Vermont— APPOINTMENT  by  the  governor.  (Fee,  $5.00.) 
The  applicant  must  have  the  endorsement  of  the  Governor  or  a  member 
of  the  supreme  bench  of  his  State.  TERM,  five  years.  POWERS,  to 
take  depositions,  affidavits,  oaths  and  acknowledgments,  for  use  in  this 
State.  OATH  of  office  to  be  taken  before  a  magistrate  of  his  locality. 
BOND  required  for  $5,000,  approved  by  the  Governor,  before  acting,  and 
filed  with  the  Secretary  of  State.  SEAL,  to  procure  an  official  seal 
with  which  to  authenticate  their  official  acts.  FEES  allowed,  not  regu- 
lated by  statute. 

§565.  Virginia— APPOINTMENT  by  the  Governor.  (Fee,  $5.00.) 
TERM  at  the  pleasure  of  the  Governor  for  two  years.  OATH  of  office 
required,  can  be  taken  before  a  justice  of  the  peace  or  other  commis- 
sioner or  one  authorized  to  take  oaths.  SEAL  of  office  to  be  procured  to 
authenticate  their  acts  with.  POWERS — To  take  acknowledgments, 
depositions,  oaths. 

§566.  Washington— APPOINTMENT,  by  the  Governor.  (Fee, 
$5.00.)  TERM  of  office,  four  years.  POWERS,  to  administer  oaths, 
take  depositions  and  affidavits,  to  be  used  in  this  State,  also  acknowledg- 
ments for  record.  OATH,  before  acting,  they  shall  subscribe  to  an  oath 
before  any  officer  having  an  official  seal  and  so  authorized,  a  certificate 
of  which,  to  be  filed  with  the  Secretary  of  State.  SEAL  of  office  to  be 
procured  having  on  his  name- and  the  words  "Commissioner  of  deeds 
for  the  State  of  Washington,"  and  the  name  of  the  State  for  which  he 
is  commissioned,  with  date  of  expiration  of  his  commission. 

§567.  West  Virginia— APPOINTMENT,  by  the  Governor.  (Fee, 
$5.00.)  TERM  OF  OFFICE,  four  years,  Governor  to  notify  the  Legis- 
lature. POWERS,  to  administer  oaths,  take  affidavits,  depositions  and 
acknowledgments  for  use  in  this  State.  SEAL  to  be  procured  designat- 
ing his  name,  residence,  and  the  words  (either  full  or  intelligently  abbre- 


278  NOTAEIES  PUBLIC. 

viated),  "Commissioner  for  West  Virginia,"  and  name  of  his  State. 
An  impression  of  his  seal  and  signature  to  be  filed  with  the  Secretary 
of  this  State.  His  certificate  to  be  authenticated  by  his  signature  and 
official  seal.  OATH  for  faithfulness  in  office  to  be  taken  before  a 
justice  of  the  peace,  notary,  court  or  judge  of  the  county  in  which  he 
resides,  or  where  his  duties  are  to  be  performed,  and  certified  to  by  the 
officer.  Not  to  act  until  qualified,  under  penalty,  and  to  qualify  within 
60  days,  otherwise  office  is  vacant.     FEES — See  notaries. 

§  568.  Wisconsin— APPOINTMENT  by  the  Governor.  (Fee,  $5.00.) 
TERM,  four  years.  OATH  of  office  to  be  taken  before  a  judge  or  clerk 
of  a  court  of  record  where  the  applicant  resides.  SEAL  of  office  to  be 
procured  with  which  he  shall  authenticate  his  acts.  An  impression  of 
same,  with  his  oath  of  office,  to  be  filed  with  the  Secretary  of  this  State. 
POWEES  to  take  acknowledgments,  depositions  and  oaths,  certify  same 
with  his  hand  and  official  seal.     FEES  allowed,  same  as  other  officers. 

§  569.  Wyoming— APPOINTMENT  by  the  Governor.  (Fee,  $5.00.) 
TERM,  at  the  Governor's  pleasure.  POWER,  to  take  depositions,  ac- 
knowledgments, affidavits  and  oaths,  for  use  in  this  State.  SEAL  of 
office  to  be  procured,  with  which  all  his  official  acts  shall  be  authenti- 
cated. OATH  of  office  to  be  taken  and  subscribed  to  before  an  author- 
ized officer  having  an  official  seal,  where  applicant  resides,  same  with 
signature  and  official  seal  impression  to  be  filed  with  the  Secretary  of 
this  State.  Must  state  in  each  certificate  the  date  of  expiration  of  his 
commission.     FEES  allowed,  same  as  notaries. 

§  570.  Canada— APPOINTMENT  by  the  Governor  in  council.  (Fee, 
$10.00.)  DUTIES — To  take  acknowledgments,  releases  of  dower,  at- 
testations under  oath,  affidavits. 


CHAPTER  VII. 

FORMS. 

§  571.  The  following  forms  are  presented  as  a  guide.  It 
u>  the  substance  which  the  statutes  require  more  than  a  literal 
oopy. 

Observe  carefully  the  preceding  chapters  for  the  full  re- 
quirements, as  to  witnesses,  seals,  personal  appearance  and 
separate  examinations  for  acknowledgments,  deeds,  etc. 

Depositions  vary  so  much  for  each  case  that  it  is  hardly 
necessary  to  enumerate  for  each  State.     Also  affidavits. 

Follow  carefully  the  requirements  of  the  chapter  on  Nego- 
tiable Instruments  and  the  statutory  requirements  of  each 
State. 

ACKNOWLEDGMENTS. 

FORMS  RECOMMENDED  BY  THE  AMERICAN  BAR  ASSOCIATION. 
No.   1.     In   CASE  OF  NATURAL  PERSONS. 

On  this   day  of    18..,  before  me  personally  appeared 

,  to  me  known  to  be  the  person.  .   described  in  and  who  executed 

the  foregoing  instrument,  and  acknowledged  that  .  .he.  .  executed  the 
same  as  free  act  and  deed. 

No.  2.     ACTING  BY  ATTORNEY. 

On  this   day  of   ,  18..,  before  me  personally  appeared 

,   to   me   known    to   be   the   person   who    executed    the   foregoing 

instrument  in  behalf  of ,  and  acknowledged  that  .  .he. .  executed 

the  same  as  the  free  act  and  deed  of  said   

No.   3.     A   CORPORATION. 

On  this day  of ,  18.  .,  before  me  appeared ,  to  me 

personally  known,  who,  being  by  me  duly  sworn  (or  affirmed)  did  Bay 
that  he  is  the  president  (or  other  officer)  of  (describe  corporation), 
and  that  the  seal  affixed  to  said  instrument  is  the  corporate  seal  of  said 
corporation  (or  association),  and  that  said  instrument  was  signed  and 
sealed  in  behalf  of  said  corporation  (or  association)  by  authority  of  its 

279 


280  NOTARIES  PUBLIC. 

board    of   directors    (or   trustees),    and    said    acknowledged    said 

instrument  to  be  the  free  act  and  deed  of  said  corporation  (or  associa- 
tion.) 

No.  4.     (Alabama.)     HUSBAND  AND  WIFE. 

State  of » 

County  of   J 

I,    ,   hereby   certify  that   C.   B.  and   A.  B.,  whose  names   are 

signed  to  the  foregoing  instrument,  known  to  me,  personally  appeared, 
and  being  made  acquainted  with  the  contents  thereof,  acknowledged  the 
same  this  day  to  be  their  free  act  and  deed,  for  the  purposes  therein 
expressed;  said  A.  B.,  wife  of  the  said  C.  B.,  was  examined  separate 
and  apart  from  her  husband. 

Given  under  my  hand  and  seal  of  office,  this day  of   , 

A.  D.  18.. 


No.  5.     (Alabama.) 
[  ss. 


State  of  .... 
County  of   . . 

I.,  M.  N.  (give  officer's  title),  hereby  certify  that  A.  B.,  whose  name 
is  signed  to  the  foregoing  conveyance  and  who  is  known  to  me,  acknowl- 
edged before  me  on  this  day  tbat  being  informed  of  the  contents  of  the 
conveyance  he  executed  the  same  voluntarily  on  the  day  the  same 
bears  date.     Given  under  my  hand,  this day  of ,  18. . 

No.   6.      (Arizona.) 

Territory  of ,  ) 

County  of ) 

Before  me,   ,  on  this  day,  personally  appeared    ,  known 

to  me  (or  proved  to  me  on  the  oath  of)  to  be  the  person  whose  name  is 
subscribed  to  the  foregoing  instrument,  and  acknowedged  to  me  that 
he  executed  the  same  for  the  purpose  and  consideration  therein  ex- 
pressed. 

Given  under  my  hand  and  seal  of  office,  this   day  of   , 

A.  D 

My  commission  expires day  of  ,  A.  D 

No.  7.     MARRIED  WOMAN. 

Territory  of ,  )    g 

County  of ' 

Before  me,  ,  on  this  day,  personally  appeared   ,  wife  of 

,  known  to  me  (or  proved  to  me  on  oath  of )  to  be  the  per- 
son whose  name  is  subscribed  to  the  foregoing  instrument,  and  acknowl- 
edged to  me  that  she  executed  the  same  for  the  purpose  and  considera- 
tion therein  expressed. 

Given  under  my  hand  and  seal  of  office,  this   day  of   , 

A.  D 

My  commission  expires day  of ,  A.  D 


FORMS.  281 

No.  8.      (Arkansas.) 

State  of ) 

County  of   J 

On  this day  of ,  18.  .,  before  me,  a  notary  public  in  and 

for  said  county,  duly  authorized  by  the  laws  of  Arkansas,  personally 
appeared  C.  D.,  to  me  personally  known  (or  proved  by  the  subscribing 
witnesses)  to  be  the  person  whose  name  appears  as  grantor  to  the 
foregoing  instrument,  and  stated  that  he  executed  the  same  for  the 
consideration  and  purposes  therein  set  forth. 

In   testimony   whereof,   I    have    hereunto    set    my    hand    and    official 

seal,  as  such  notary  public  in  and  for  said  county,  on  this   day 

of    ,    18.. 

No.   9.      (California.) 

State  of ) 

>  as. 
County  of   J 

On  this day  of ,  in  the  year ,  before  me  (officer  'a 

name  and  quality  of  officer),  personally  appeared   ,  known  to  me 

(or  proved  to  me  on  the  oath  of )*  to  be  the  person  whose  name 

is  subscribed  to  the  within  instrument,  and   acknowledged  to   me  that 

he  (or  they)  executed  the  same. 

No.  10.     CORPORATION. 

The  name  of  the  president  or  secretary  must  be  inserted,  together 
with  the  name  of  the  company,  viz.,  same  as  above  to  then  follow:  (*)  to 
be  the  president  (or  secretary)  of  the  corporation  who  executed  the 
within  instrument,  on  behalf  of  the  corporation  therein  named,  and 
acknowledged  to  me  that  such  corporation  executed  the  same. 

No.  11.     ATTORNEY  IN  FACT. 

Begin   (*)   to  be  the  person  whose  name  is  subscribed  to  the  within 

instrument  as  the  attorney  in  fact  of   ,  and  acknowledged  to  me 

that  he  subscribed  the  name  of thereto  as  principal,  and  his  own 

name  as  attorney  in  fact. 


No.  12.     (Colorado.) 
Colorado,  [  fis 
County  of 


State   of   Colorado,  | 


appeared  before  me  this day  of ,  18.  .,  in  person 

and  acknowledged  the  foregoing  instrument  to  be  his  act  and  deed 
for  the  uses  specified  therein. 

Witness  my  hand  and  official  seal.  


No.   13.    (Connecticut.)      BY  HUSBAND  AND  WIFE. 

State  of )  gs 

County  of   J 

,  A.  D.  18.  .,  then  and  there  before  me, ,  within  and  for 


282  NOTARIES  PUBLIC. 

the  county  and  State  aforesaid,  duly  commissioned  and  acting  as  smh, 

personally  appeared   and   ,  his  wife,  signers  and  sealers  of 

the  foregoing  instrument,  and  severally  acknowledged  the  same  to  be 
their  free  act  and  deed,  before  me. 

Witness  my  hand  and  seal  of  office,  on  this    day  of    , 

A.   D.   18.. 

No.  14.     (Delaware.) 

State   of    ,    )  gs 

County.        ' 

Be  it  remembered,  that  on  this    day  of    ,  A.   D.   18.., 

personally  came  before  me,    ,   a  notary  public  for  the   State   of 

Delaware, and   ,  his  wife,  parties  to  this  indenture,  known 

to  me  personally   (or  proved  upon  the  oath  of )   to  be  such,  and 

severally  acknowledged  this  indenture  to  be  their  deed;    and  the  said 

being  at  the  same  time  privately  examined  by  me,  apart  from 

her  husband,  acknowledged  that  she  executed  the  said  indenture  will- 
ingly, without  compulsion,  or  threat,  or  fear  of  her  husband's  dis- 
pleasure. 

Given  under  my  hand  and  seal  of  office  the  day  and  year  aforesaid. 

No.  15.     (District  of  Columbia.) 

County   (or  city,  etc.)    to  wit: 

I, ,  a  (official  title)  in  and  for  the  county  (or  city,  etc.)  afore- 
said in  the  State  of ,  do  hereby  certify  that ,  a  party  to  a 

certain  deed,  bearing  date  on  the    day  of and  hereunto 

annexed,  appeared  before  me  in  the  county  (or  city)  aforesaid,  the  said 

being  personally  well  known  to  me,  as  (or  proved  by  the  oaths 

of  credible  witnesses  before  me  to  be)  the  persons.  .  who  executed  the 
said  deed  and  acknowledged  the  same  to  be  his  (her  or  their)  act  and 
deed. 

Given  under  my  hand  and  seal  this day  of 


No.  16.     (District  of  Columbia.)     WIFE. 

County  (or  city)  to  wit: 

lf   (officer's  title),  in  the  county  aforesaid,  in  the  State  of 

,  do  hereby  certify  that   ,  the  wife  of   ,  party  to  a 

certain  deed  bearing  date  on  the day  of and  hereunto  an- 
nexed, personally  appeared  before  me  in  the  county  (or  city)  aforesaid, 

the   said    being  well  known  to  me    (or  proved   on   the   oaths   of 

credible  witnesses  before  me  to  be)  the  person  who  executed  the  said 
deed,  and  being  by  me  examined  privily  and  apart  from  her  husband, 
and   having   the   deed   aforesaid   fully   explained   to   her,    she,   the    said 

f  acknowledged  the  same  to  be  her  act  and  deed,  and  declared 

that  she  had  willingly  signed,  sealed,  and  delivered  the  same,  and  that 
she  wished  not  to  retract  it. 

Given  under  my  hand  and  seal  this   day  of    


[  ss. 


FORMS.  283 

No.   17.     (Florida.) 

State  of  

County  of  .  . 

Before  me  personally  came  C.  F.,  to  me  well  known  as  the  person 
who  executed  the  foregoing  deed,  and  acknowledged  that  he  executed 
the  same  for  the  purposes  therein  expressed,  and  prays  that  it  may 
be  admitted  to  record. 

In  witness  whereof  I  have  hereunto  set  my  hand  and  seal,  this 

day  of  ,  A.  D.  18.. 

No.  18.     (Georgia.)     MARRIED  WOMAN. 

I,  A.  B.,  the  wife  of  C.  D.,  do  declare  that  I  have  freely  and  without 
any  compulsion  signed,  sealed  and  delivered  the  above  instrument 
of  writing,  passed  between  D.  E.  and  C.  D.,  and  I  do  hereby  renounce 
all  title  or  claim  to  dower  that  I  might  claim  or  be  entitled  to,  after 
the  death  of  C.  D.,  my  said  husband,  to  or  out  of  the  lands  or  tene 
ments  therein  conveyed.  In  witness  whereof,  I  have  hereunto  set  my 
hand  and  seal. 

Before  me,  John  Smith,  a  notary  public,  personally  came  A.  B.,  the 
wife  of  C.  D.,  to  me  known  to  be  the  person  whose  signature  is  at- 
tached to  the  foregoing  deed,  and  did  declare  that  she  did  freely  and 
voluntarily  and  without  compulsion  from  her  husband  sign,  seal  and 
deliver  the  said  deed  for  the  purposes  therein  mentioned. 

Sworn  to  and  subscribed  before  me  this day  of ,  18. . 

No.  19.     ACKNOWLEDGMENTS. 


>  ss. 


Hawaiian  Islands 
Island  of 

On  this day  of  A.  D.,  personally  appeared  before  me 

A  B,  (*)  known  to  me  to  be  the  person  described  in  and  who  executed 
the  foregoing  instrument,  who  acknowledged  to  me  that  he  executed  the 
same  freely  and  voluntarily  and  for  the  uses  and  purposes  therein  set 
forth. 

When  the  party  is  unknown  to  the  officer  but  identified  by  a  wit- 
ness, insert  (*)  satisfactorily  proved  to  me  to  be  the  person  described  in 
and  who  executed  the  written  instrument,  by  the  oath  of  C  D,  a  cred- 
ible witness  for  that  purpose,  to  me  known  and  by  me  duly  sworn,  and 
he  the  said  A  B  acknowledged  that  he  executed  the  same  freely  and 
voluntarily  for  the  uses  and  purposes  therein  set  forth. 

No.  20.     (Idaho). 
State  of  Idaho,       ) 

County  of ) 

On  this    day   of    ,   in   the   year   of    ,   before   me 

(officer's   name  and   office)    personally   appeared    ,   known   to   me 

(or  proved  to  me  on  the  oath  of  )  to  be  the  person  whose  name 

is  subscribed  to  the  within  instrument,*  and  acknowledged  to  me  that 
he  (or  they)  executed  the  same. 


284  NOTARIES  PUBLIC. 

No.    21.     CERTIFICATE    OF    ACKNOWLEDGMENT    OF    MARRIED 

WOMAN. 

Same  as  above,  to  *  adding  described  as  a  married  woman  and 
upon  an  examination  without  the  hearing  of  her  husband  I  made 
her  acquainted  with  the  contents  of  the  instrument  and  thereupon 
she  acknowledged  to  me  that  she  executed  the  same  and  that  she  does 
not  wish  to  retract  such  execution. 

No.  22.     (Illinois.) 

State  of ) 

{•  ss. 
County  of   ) 

I,  ,  hereby  certify  that  ,  ,  who  are  each  per- 
sonally known  to  me  to  be  the  same  persons  whose  names  are  sub- 
scribed to  the  foregoing  instrument,  appeared  before  me  this  day  in 
person  and  acknowledged  that  they  signed,  sealed  and  delivered  said 
instrument  as  their  free  and  voluntary  act  for  the  uses  and  purposes 
therein  set  forth. 

Given  under  my  hand    seal,  this    day  of    ,   A. 

D 

No.    23.     (Illinois.)     PARTY    PERSONALLY    KNOWN    TO    THE 

OFFICER.  ■ 

State  of  Illinois,    ) 
County  of  Cook.     ) 

I,  John  Doe,  a  notary  public  in  and  for  said  county  and  State,  do 
hereby  certify  that  Richard  Smith  (and  if  acknowledged  by  wife,  her 
name,  and  add  "his  wife"),  personally  known  to  me  to  be  the  same 
person.,  whose  name  is  (or  are)  subscribed  to  the  foregoing  instru- 
ment, appeared  before  me  this  day  in  person  and  acknowledged  that 
he  (she  or  they)  signed,  sealed  and  delivered  the  said  instrument  as  his 
(her  or  their)  free  and  voluntary  act,  for  the  uses  and  purposes  therein 
set  forth. 

Given  under  my  hand  and  official  seal,  this  sixteenth  day  of  Janu- 
ary, A.  D.   1896.  JOHN  DOE, 

Notary  Public. 

No.  24.     (Hlinois.)     PARTY  NOT  KNOWN. 

State  of  Illinois,     ) 
County  of  Cook.     ) 

I,  John  Doe,  a  notary  public  in  and  for  said  county  and  State,  do 
hereby  certify  that  Richard  Smith  (proved  by  James  Jackson,  the  sub- 
scribing witness),  who  is  personally  known  to  me  to  be  the  same  person 
whose  name  is  subscribed  to  the  foregoing  instrument,  appeared  before 
me  this  day  in  person  and  acknowledged  that  he  signed,  sealed  and 
delivered  the  said  instrument  as  his  free  and  voluntary  act  for  the  uses 
jnd   purposes  therein   set   forth. 


FORMS.  285 

Given  under  my  hand  and  official  seal,  this  sixteenth  day  of  January, 
A.  D.  1896.  JOHN  DOE, 

JAMES    JACKSON    (Seal),  Notary    Public. 

Subscribing  Witness. 

No.   25.     (Illinois.)     WITH   HOMESTEAD   WAIVER. 


I 


State  of  .... 
County  of   . . 

I,   ,  a  notary  public  in  and  for  the  said   ,  in  the  State 

aforesaid,   do   hereby   certify   that    ,   personally   known   to   me   to 

be  the  same  person.,    whose  name subscribed  to  the  foregoing 

instrument,  appeared  before  me  this  day  in  person,  and  acknowledged 

that   .  .he.  .   signed,  sealed  and  delivered  the  said  instrument  as   

free  and  voluntary  act,  for  the  uses  and  purposes  therein  set  forth, 
including  the  release  and  waiver  of  the  right  of  homestead. 

Given  under  my  hand  and  notarial  seal,  the day  of    , 

A.  D.   18...  , 

Notary   Public. 

No.  26.     (Illinois.)     FOR  CORPORATION. 

State  of  Illinois,    } 
County  of > 

I, ,  a  notary  public  in  and  for  the  county  and  State  aforesaid, 

do  hereby  certify  that    ,  president,  and    ,  secretary  of  the 

,  who  are  personally  known  to  me  to  be  the  same  persons  whose 

names  are  subscribed  to  the  foregoing   as  such   president 

and  secretary,  appeared  before  me  this  day  in  person  and  acknowledged 
that  they  signed,  sealed  and  delivered  the  said  instrument  of  writing 
as  their  free  and  voluntary  act,  and  as  the  free  and  voluntary  act  of  the 

said   for  the  uses  and  purposes  therein  set  forth,  and  caused  the 

corporate  seal  of  said  company  to  be  thereto  attached. 

Given  under  my  hand  and  notarial  seal,  this   day  of   , 

18-.  , 

Notary  Public. 

No.     27.     (Illinois.)     ACKNOWLEDGMENT     TO     CHATTEL     MORT- 
GAGE BY  A  NON-RESIDENT. 

This    chattel    mortgage    was    acknowledged    before    me    by    Richard 
Smith,  this  15th  day  of  July,  1895. 

Witness  my  hand  and   seal.  JOHN  DOE, 

No.  28.     (Indiana.) 

Before  me,  E.  F.  (a  judge  or  justice  as  the  case  may  be),  this 

day  of   ,  A.  D ,  A.  B.  acknowledged  the  execution  of  the 

annexed  deed  (or  mortgage). 

(Signature  and  title.) 


286  NOTAKIES  PUBLIC. 

No.  29.     (Indian  Territory.)     ACKNOWLEDGMENT. 

United  States  of  America, 
Indian  Territory, 
Southern  District. 

On  this,  the day  of ,  19.  .,  before  me, ,  a  United 

States   Commissioner   within    and   for   the    said    District    of   the   Indian 

Territory,  appeared  in  person    ,  to  me  personally  well  known  as 

the  person  whose  name  appears  upon  the  within  and  foregoing  deed 
of  conveyance  as  the  party  grantor,  and  stated  that  he  had  executed 
the  same  for  the  consideration  and  purposes  therein  mentioned  and  set 
forth,  and  I  do  hereby  so  certify. 

In  testimony  whereof  I  have  hereunto  set  my  hand  as  such  United 

States  Commissioner,  in  said  District  and  Territory,  on  the day 

of   ,19...  

United   States   Commissioner. 

No.  30.     IOWA. 

State  of ) 

>■  ss. 
County  of ' 

On  this    day  of    ,  A.  D ,  before  me  personally 

appeared  A  B  (or  A  B  and  C  D),  to  me  known  to  be  the  person.  . 
named  in  and  who  executed  the  foregoing  instrument,  and  acknowl- 
edged that  .  .he. .  executed  the  same  as  (his  or  their)  voluntary  act  and 

deed.  

Notary  Public  in  and  for  said  county. 

No.  31.     (Iowa.)     CORPORATION. 

Same  as  above  and  follow  with: 

On   this    day  of    ,  A.   D ,   before   me   appeared 

A  B,  to  me  personally  known,  who,  being  by  me  duly  sworn  (or 
affirmed)  did  say  that  he  is  the  president  (or  other  officer)  of  (de- 
scribe the  corporation)  and  that  the  seal  affixed  (if  they  have  one)  to 
said  instrument  is  the  corporate  seal  of  said  corporation  and  that  said 
instrument  was  signed  and  sealed  in  behalf  of  said  corporation  by 
authority  of  its  board  of  directors  and  said  A  B  acknowledged  said 
instrument  to  be  the  voluntary  act  and  deed  of  said  corporation. 

No.    32.     (Kentucky.)     MARRIED    WOMAN    OUT    OF    THE    STATE. 


Commonwealth  (or   ),  )  golieit 

County  (or)  of ,  > 


I,   (title  of  officer),  do  certify  that  this  instrument  of  writ- 
ing from   and  wife, ,  was  this  day  produced  to  me  by  the 

parties,  and  the  contents  and  effect  of  the  instrument  being  explained 

to  the  said   by  me,  separately  and  apart  from  her  husband,  she 

thereupon  declared  that  she  did  freely  and  voluntarily  execute  and 
deliver  the  same,  to  be  her  act  and  deed  and  consented  that  the  same 
might  be  recorded. 

(Seal.)  Given  under  my  hand  and  seal  of  office. 


FORMS.  287 

If  the  husband  join  in  the  deed  and  acknowledge  before  the  officer, 
his  acknowledgment  may  be  certified  with  that  of  the  wife,  following 
the  word  "parties,"  thus  "which  was  acknowledged  by  the  said  C.  D. 
to  be  his  act  and  deed." 

No.    33.     (Kentucky.)     MAEEIED    WOMAN    IN    THE   STATE. 

Officer  to  simply  certify  that  it  was  acknowledged  before  him  and 
where. 

No.  34.     (Louisiana.) 

State  of | 

c  ss- 
County  of ) 

Be  it  remembered,  that  on  this day  of ,  18.  .,  before  me, 

a  notary  public  in  and  for  said  county  duly  authorized,  personally  ap- 
peared A.  B.,  to  me  known  to  be  the  party  who  executed  the  within  in- 
strument, and  acknowledged  to  me  that  he  did  sign,  seal  and  deliver 
the  same,  as  his  free  act  and  deed  for  the  uses  and  purposes  therein 
stated. 

In  witness  whereof,  I  have  hereunto  set  my  hand,  and  affixed  my 
official  seal  and  signature  this   day  of   ,  18.  . 

No.  35.     (Maine.) 
State  of  


.  ss. 
County  of 

day  of   ,  18.  .,  personally  appeared  C.  F.  and  acknowl- 
edged the  foregoing  instrument  to  be  his  free  act  and  deed. 


No.  36.     (Maryland.)     ACKNOWLEDGMENT. 

State  of  Md.,    County,  to  wit: 

I   hereby   certify,   that   on   this    day  of    ,   in   the  year 

,   before    the    subscriber    (name    of    official)    personally    appeared 

and  (name  of  married  woman)  his  wife  and  did  each  acknowl- 
edge the  foregoing  deed  to  be  their  respective  act. 


No.   37.     (Massachusetts.)     ACKNOWLEDGMENT. 

State  of  Mass.,    | 

County  of > 

,  on  this day  of ,  18.  .,  before  me  personally  ap- 
peared A.  B.,  to  me  known  to  be  the  person.  .  described  in  and  who 
executed  the  foregoing  instrument,  and  acknowledged  that  .  .he. .  exe- 
cuted the  same  as free  act  and  deed. 

No.  38.     BY  ATTORNEY. 

On  this   day  of    ,  18.  .,  before  me  personally  appeared 

A.    B.,    to    me    known    to    be   the    person    who    executed    the    foresroin.; 


288  NOTARIES  PUBLIC. 

instrument  in  behalf  of  C.  D.,  and  acknowledged  that  he  executed  the 
same  as  the  free  act  and  deed  of  said  C.  D. 

No.  39.     CORPORATIONS. 

On  this day  of ,  18.  .,  before  me  appeared  A.  B.,  to  me 

personally  known,  who  being  by  me  duly  sworn  (or  affirmed)  did  say 
that  he  is  the  president  (or  what  officer)  of  (name  of  corporation)  and 
that  the  seal  affixed  to  said  instrument  is  the  corporate  seal  of  said  cor- 
poration, and  that  said  instrument  was  signed  and  sealed  in  behalf 
of  said  corporation  by  authority  of  its  board  of  directors,  and  said 
A.  B.  acknowledged  said  instrument  to  be  the  free  act  and  deed  of 
said  corporation. 

If  the  corporation  has  no  seal  omit  the  words  "the  seal  affixed  to 
said  instrument  is  the  corporate  seal  of  said  corporation  and  that,"  and 
add,  at  the  end  of  the  affidavit  clause,  the  words  "and  that  said  cor- 
poration has  no  corporate  seal."  In  all  cases  add  signature  and  title 
of  the  officer  taking  the  acknowledgment. 

(Michigan.)     SAME  FORMS  AS  MASSACHUSETTS. 

(Minnesota.)     SAME  AS  MASSACHUSETTE. 

No.  40.     (Mississippi.) 
Caption. 

Personally  appeared  before  me,    (officer's  name   and   office), 

the  within  named  A.  B.,  who  acknowledged  that  he  signed  and  delivered 
the  foregoing  instrument  on  the  day  and  year  therein  mentioned. 

Given  under  my  hand,  this  the day  of ,  A.  D 

No.  41.     A  WITNESS. 
Caption. 

Personally  appeared  before  me, ,  C.  D.,  one  of  the  subscribing 

witnesses  to  the  foregoing  instrument,  who  being  duly  sworn,  deposeth 
and  saith  that  he  saw  the  within  named  A.  B.,  whose  name  is  sub- 
scribed thereto,  sign  and  deliver  the  same  to  the  said  E.  F.  (or  that  he 
heard  the  said  A.  B.  acknowledge  that  he  signed  and  delivered  the  same 
to  the  said  E.  F.) ;  that  he,  this  affiant,  subscribed  his  name  as  a  wit- 
ness thereto  in  the  presence  of  the  said  A.  B. 

In  all  cases  add  signature  and  title  of  the  officer  taking,  and  attach 
his  official  seal  if  he  have  one. 

(Mississippi,  See  No.  125A.) 

No.  42.  (Missouri.)  SEE  MASSACHUSETTS. 

(Montana.)  SEE  MASSACHUSETTS. 

(Nebraska.)  SEE  IOWA.  (Add  one  witness.) 

No.  43.     (Nevada.)     ACKNOWLEDGMENT. 

State  of  Nevada,   ) 

County  of  ' 

On  this    day  of    ,   A.  D ,  personally   appeared 

before  me  (name  of  officer)  in  and  for  said  county,  A.  B.,  known  to  me 


FOKMS.  289 

to  be  the  person  described  in  and  who  executed  the  foregoing  instru- 
ment, who  acknowledged  to  me  that  he  executed  the  same  freely  and 
voluntarily  and  for  the  uses  and  purposes  therein   mentioned. 
(The  exact  form  is  not  required,  the  substance  is.) 

(New   Hampshire.)     SEE  MASSACHUSETTS. 

No.  44.     (New  Jersey.) 

State  of ) 

County  of ) 

Be  it  remembered  that  on  this day  of ,  18.  .,  before  me, 

a  notary  public  in  and  for  said  county,  being  duly  authorized,  person- 
ally came  C.  F.  and  M.  F.,  his  wife,  who  I  am  satisfied  are  the  grantors 
in  the  foregoing  deed,  and  I  having  made  known  to  them  the  contents 
thereof,  they  each  acknowledged  that  they  signed,  sealed,  and  delivered 
the  same  as  their  voluntary  act  and  deed  for  the  uses  and  purposes 
therein  mentioned. 

(New  Mexico.)     SAME  AS  MASSACHUSETTS. 

No.   45.     (New  York.)     BY  A  CORPORATION   AND   CERTIFICATE. 

State  of  New  York,   1 
County  of > 

On  the    day  of    ,  in  the  year    ,  before  me  per- 
sonally came   ,  to  me  known,  who,  being  by  me  duly  sworn,  did 

depose  and  say  that  he  resided  in   ;  that  he  is  the   (president  or 

other  officer)  of  the  (name  of  corporation),  the  corporation  described 
in  and  which  executed  the  above  instrument;  that  he  knew  the  seal 
of  said  corporation;  that  the  seal  affixed  to  said  instrument  was  such 
corporate  seal;  that  it  was  so  affixed  by  order  of  the  board  of  directors 
of  said  corporation,  and  that  he  signed  his  name  thereto  by  like  order. 

(Signature  and  office  of  officer.) 

If  such  corporation  have  no  seal,  that  fact  must  be  stated  in  place 
of  the  statements  required  respecting  the  seal. 


■'     I  ss. 


No.  46.     (North  Carolina.) 

State  of 

County. 

I,  A.  B.  (title  of  officer),  do  hereby  certify  that  (name  of  grantor, 
and  if  acknowledged  by  wife,  her  name,  and  add  his  wife),  personally 
appeared  before  me  this  day  and  acknowledged  the  due  execution  of  the 
foregoing  (or  annexed)  deed  of  conveyance  (or  such  instrument  as  it 
is),  and  (if  the  wife  is  a  signer)  the  said  (here  give  wife's  name),  being 
by  me  privately  examined  separate  and  apart  from  her  said  husband, 
touching  her  voluntary  execution  of  the  same,  doth  state  that  she  signed 
the  same,  freely  and  voluntarily,  without  fear  or  compulsion  of  her 
said  husband,  or  any  other  person,  and  that  she  doth  still  voluntarily 
assent   thereto.     Witness  my  hand   and   seal    (private   or   official),   this 

day  of   ,  A.  D 

,    (Seal.) 

19 


200  NOTARIES  PUBLIC. 

No.  47.     (North  Dakota.) 

State  of \    „ 

>  ss. 
County  of ) 

On  this day  of ,  in  the  year ,  before  me  person- 
ally appeared    ,   known   to  me   (or  proved  to  me  on  the   oath   of 

)   to  be  the*   person  who  is  described   in   and  who   executed   the 

within  instrument,  and  acknowledged  to  me  that  he  (or  they)  exe- 
cuted the  same. 

If  a  corporation  add  *  (name  of  officer)  of  the  corporation  that  is 
described  in  and  that  executed  the  within  instrument,  and  acknowl- 
edged to  me  that  such  corporation  executed  the  same. 

No.   48.     (Ohio.)     BY  HUSBAND  AND  WIFE. 

State  of ) 

County  of ' 

Be  it  remembered  that  on  the    day  of    ,  before  me,  a 

notary  public  in  and  for  said  county,  personally  appeared  A.  B.  and 
C.  B.,  his  wife,  the  grantors  in  the  foregoing  deed,  personally  known  to 
me,  and  acknowledged  the  signing  and  sealing  of  the  same  to  be  their 
act  and  deed  for  the  purposes  therein  mentioned.  And  the  said  C.  B., 
wife  of  the  said  A.  B.,  being  examined  separate  and  apart  from  her  hus- 
band, and  the  contents  having  been  made  known  to  her  by  me,  declared 
that  she  did  voluntarily  sign  and  acknowledge  the  same  and  is  satis- 
fied therewith  as  her  act  and  deed. 

In  testimony  whereof,  I  have  hereunto  set  my  hand  and  affixed  my 
official  seal.  

Two  witnesses. 

No.  49.      (Oklahoma.) 

Territory  of  Oklahoma,  ) 

County.  » 

Before   me,    ,   in   and   for   said    county   and   territory,    on   this 

day  of   ,  18.  .,  personally  appeared    and    ,  to 

me  known   to  be  the  identical  person.,    who   executed   the   within   and 

foregoing   instrument,   and   acknowledged   to   me   that    executed 

the  same  as   free  and  voluntary  act  and  deed  for  the  uses  and 

purposes  therein  set  forth.  

No.  50.       (Oregon.) 
State  of  Oregon,    ) 

County  of >    ' 

Before  the  undersigned,  a  justice  of  the  peace  for  the  precinct  of 

,    in    the    county    and    State    aforesaid,    personally    appeared    the 

within  named  A.  B.,  and  C.  D.,  his  wife,  to  me  known  to  be  the  in^ 
dividuals  described  in  and  who  executed  the  within  conveyance,  and  the 
said  A.  B.  acknowledged  that  he  executed  the  same,  and  the  said  C.  D., 
being  by  me  examined  separate  and  apart  from  her  said  husband,  then 
and  there  acknowledged  that  she  executed  such  conveyance  freely  and 

without   fear   or   compulsion   from   any  one,  this    day   of    , 

18..  E.  F.,  Justice  of  the  Peace. 


FORMS.  291 

No.  51.     (Pennsylvania.) 

Corporation's  power  to  Attorney  to  acknowledge  for  the  corporation. 

I   hereby   certify  that   on   this    day   of    ,   in   the   year 

of  our  Lord  ,  before  me  the  subscriber  (title  of  officer)  per- 
sonally appeared  (name  of  attorney)  the  attorney  named  in  the  fore- 
going (name  of  instrument)  and  by  virtue  and  in  pursuance  of  the 
authority  therein  conferred  upon  him,  acknowledged  the  said  (name  of 
instrument)  to  be  the  act  of  the  said  (corporation's  name). 

Witness  my  hand  and  seal  the  day  and  year  aforesaid. 

No.  52.     (Pennsylvania.) 

State  of ) 

>  ss. 
County  of J 

Be  it  remembered  that  on  this   day  of    ,  before  me,  a 

notary  public  in  and  for  said  county,  duly  authorized,  personally  came 
C.  D.,  and  A.  D.,  his  wife,  personally  known  (or  proved)  to  me,  and  ac- 
knowledged the  signing  and  sealing  of  the  within  instrument  to  be 
their  act  and  deed,  that  the  same  might  be  recorded  as  such.  And 
the  said  A.  D.,  being  of  lawful  age,  was  examined  by  me  separate  and 
apart  from  her  husband  and  the  contents  made  known  to  her,  she  de- 
clared that  she  did  voluntarily  and  of  her  own  free  will  and  accord 
and  as  her  own  free  act  and  deed,  without  any  compulsion  from  her 
husband,  deliver  the  same. 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  official  seal, 
this   day  of    ,  A.  D.  

(One  witness.) 

No.  53.     (Rhode  Island.)     HUSBAND  AND  WIFE. 

State  of  Rhode  Island,    ) 
County  of   ' 

In  the  town  of   in  the  said  county  and  State,  on  this   

day   of    ,  A.  D.   18..,  personally   appeared   before   me  the   within 

named  C.  D.,  and  acknowledged  the  within  instrument  by  him  signed  to 
be  his  free,  voluntary  act  and  deed. 

And  at  the  same  time  came  A.  D.,  wife  of  the  said  C.  D.,  being  by 
me  examined  separate  and  apart  from  her  husband,  acknowledged 
and  declared  the  said  instrument  by  her  signed,  to  be  her  free  act 
and  deed,  and  that  she  did  not  wish  to  retract  it. 

No.   54.     (South    Carolina.)     MARRIED   WOMAN. 

State  of  South   Carolina,  )  gg 
County.  ) 


I,  F.  G.  (officer's  title),  do  hereby  certify  unto  all  whom  it  may  con- 
cern that  E.  B.,  the  wife  of  the  within  named  A.  B.,  did  this  day  appear 
before  me,  and  upon  being  privately  and  separately  examined  by  me, 
did  declare  that  she  does  freely,  voluntarily  and  without  any  compul- 
sion,  dread,   or   fear   of   any   person   or   persons   whomsoever,    renounce, 


292  NOTARIES  PUBLIC. 

release  and  forever  relinquish  unto  the  within  named  C.  D.,  his  heirs 
and  assigns,  all  her  interests  and  estate,  and  also  all  her  right  and 
claim  of  dower,  of,  in  or  to  all  and  singular  the  premises  within  men- 
tioned and  released. 

Given  under  my  hand  and  seal,  this    day  of    ,  A.  D. 

(L.  S.)         Signed,     F.  G.  E.  B. 

Official  seal  of  officer  to  be  attached. 

No.  55.     (South  Dakota.) 

State  of  South  Dakota,     } 

County  of I 

On  this day  of ,  in  the  year  before  me  person- 
ally appeared    ,  known  to  me   (or  proved  to  me  on  the  oath  of 

)   to  be  the  person  who  is   described  in  and  who   executed   the 

within  instrument  and  acknowledged  to  me  that  he  (or  they)  executed 
the  same. 


I  ss. 


No.    56.     (Tennessee.) 
State  of  Tennessee, 

County. 

Personally  appeared  before  me,  clerk  of  the  court  of  said  county, 
the  within  named  bargainer,  with  whom  I  am  personally  acquainted, 
and  who  acknowledged  that  he  executed  the  within  instrument  for  the 
purposes  therein  contained. 

Witness  my  hand,  at  office,  this day  of ,  18. . 

No.  57.     (Tennessee.)     BY  CORPORATION. 

State  of  Tennessee,  ) 
County  of  S 

Before  me,  ,  the  State  and  county  aforesaid,  personally  ap- 
peared    ,  with  whom  I  am  personally  acquainted,  and  who,  upon 

oath,  acknowledged  himself  to  be  the  president  (or  other  officer  author- 
ized to  execute)  of  the  ,  the  within  named  bargainer,  a  corpora- 
tion, and  that  he  as  such    ,  being  authorized  so  to  do,  executed 

the  foregoing  instrument  for  the  purpose  therein  contained,  by  signing 
the  name  of  the  corporation  by  himself  as 

Witness    my    hand    and    seal,    at    office    in    this    day 

of 

Corporation  seal  not  necessary. 


t  ss. 


No.  58.     (Texas.) 
State  of  .... 
County  of   . . 

Before  me,    ,  on  this  day  personally  appeared    ,  known 

to  me  (or  proved  to  me  on  the  oath  of )  to  be  the  person  whose 

name  is  subscribed  to  the  foregoing  instrument,  and  acknowledged  to 
me  that  he  executed  the  same  for  the  purposes  and  consideration  there- 
in expressed. 


FORMS.  293 

Given  under  my  hand  and  seal  of  office,  this   day  of   , 

A.  D 

(Seal.)  

No.  59.     (Utah.) 
State  of  Utah,       ) 

f  S3. 

County  of   ) 

On  the day  of  ,  A.  D ,  personally  appeared  be- 
fore me, ,  the  signer  of  the  above  instrument,  who  duly  acknowl- 
edged to  me  that  he  executed  the  same.  , 


This  properly  executed  by  an  authorized  officer  and  attached  to  the 
instrument,  is  sufficient. 

No.  60.     (Utah.)     GRANTOR  UNKNOWN  TO  OFFICER. 

State  of  Utah,    )  gg 

County  of  ) 

On  this day  of ,  A.  D ,  personally  appeared  be- 
fore me  A.  B.,  satisfactorily  proved  to  me  to  be  the  signer  of  the 
above  instrument  by  the  oath  of  C.  D.,  a  competent  and  credible  wit- 
ness for  that  purpose,  by  me  duly  sworn,  and  he,  the  said  A,  B.,  ac- 
knowledged that  he  executed  the  same. 

No.  61.     (Utah.)     BY  CORPORATION. 

State  of  Utah,        > 

County  of \ 

On  the  day  of ,  A.  D ,  personally  appeared  be- 
fore me  A.  B.,  who  being  by  me  duly  sworn  (or  affirmed),  did  say,  that 
he  is  the  president  (or  other  officer  or  agent)  of  (name  corporation), 
and  that  said  instrument  was  signed  in  behalf  of  said  corporation  by 
authority  of  its  by-laws  (or  by  resolution  of  its  board  of  directors  as 
the  case  may  be)  and  said  A.  B.  acknowledged  to  me  that  said  corpora- 
tion executed  the  same. 


[  ss. 


No.  62.     (Vermont.) 

State  of  

County  of   . . 

The    day  of    ,  A.   D.  18..,  personally  appeared   C.  G., 

and  A.  G.,  his  wife,  to  me  known,  and  severally  acknowledged  the 
within  instrument,  signed  and  sealed,  to  be  their  free  act  and  deed, 
before  me. 

(Two  witnesses.) 

No.  63.     (Virginia.) 

County  of ,  to  wit: 

I,   (officer's  name  and  title),  for  the  county  aforesaid,  in  the 

State  of ,  do  certify  that  E.  F.,  whose  name  is  signed  to  the  writ- 
ing above,  bearing  date  on  the  day  of ,  has  acknowledged 

the  same  before  me  in  my  county  aforesaid.  Given  under  my  hand, 
this day  of 


294  NOTARIES  PUBLIC. 

No.  64.     COMMISSIONER  OF  DEED'S  CERTIFICATE. 
State  of  >     I  to  wit. 


I, ,  a  commissioner  appointed  by  the  Governor  of  Virginia  for 

the  said  State  of   ,  do  certify  that  E.  F.,  whose  name  is  signed 

to  the  writing  above,  bearing  date  on  the day  of ,  has  ac- 
knowledged the  same  before  me,  in  my  State  aforesaid.  Given  under 
my  hand,  this day  of ,  A.  D.  18.  . 

No.  65.     (Washington.) 

State  of  Washington,  ) 

County  of ) 

I, ,  do  hereby  certify  that  on  this day  of ,  18. ., 

personally  appeared  before   me    (and   his  wife  if  she  joins),  to 

me  known  to  be  the  individuals  described  in  and  who  executed  the 
within  instrument,  and  acknowledged  that   .  .he.  .   signed  and  sealed  the 

same  as free  and  voluntary  act  and  deed,  for  uses  and  purposes 

therein  mentioned.     Given  under  my  hand  and  official  seal,  this 

day  of ,  A.  D.  18.. 

No.  66.     (Washington.)     CORPORATION. 

State  of ) 

County  of ) 

On  this   day  of    ,  A.  D ,  before  me  personally 

appeared  ,  to  me  known  to  be  the  (name  of  officer  of  the  corpo- 
ration) of  the  corporation  that  executed  the  within  and  foregoing  in- 
strument, and  acknowledged  the  said  instrument  to  be  the  free  and 
voluntary  act  and  deed  of  said  corporation  for  the  uses  and  purposes 
therein  mentioned,  and  on  oath  stated  that  he  was  authorized  to  exe- 
cute said  instrument  and  that  the  seal  affixed  is  the  corporate  seal  of 
said  corporation. 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  affixed  my 
official  seal  the  day  and  year  first  above  written. 


No.  67.     (West  Virginia.) 

State  of ) 

County  of  ) 

I,    ,  a  commissioner,  appointed  by  the  Governor  of  the  State 

of  West  Virginia,  for  the  said  State  of   ,  do  certify  that   , 

whose  name  is  signed  to  the  writing  above,  bearing  date  on  the 

day  of   ,  has  this  day  acknowledged  the  same  before  me,  in  my 

said 

Given  under  my  hand,  this day  of 


FORMS.  295 

No.  68.     (West  Virginia.)     CORPORATION. 

Stateof fss. 

County  of ) 

I,    ,  a  notary  of  the  said  County  of    ,  do  certify  that 

personally  appeared  before  me  in  my  said   ,  and  being  by 

me  duly  sworn  (or  affirmed),  did  depose  and  say  that  he  is  the  presi- 
dent   of    (or    other    officer)    the    corporation    described    in    the    writing 

above,  bearing  date  the   day  of ,  18.  .,  authorized  by  said 

corporation  to  execute  and  acknowledge  deeds  and  other  writings  of 
said  corporation,  and  that  the  seal  affixed  to  said  writing  is  the  cor- 
porate seal  of  said  corporation,  and  that  said  writing  was  signed  and 
sealed  by  him  in  behalf  of  said  corporation  by  its  authority  duly  given. 

And  the  said    acknowledged  the  said  writing  to  be  the  act  and 

deed  of  said  corporation. 

If  the  corporation  has  no  corporate  seal,  omit  the  words  ' '  seal 
affixed  to  said  writing  is  the  corporate  seal  of  said  corporation"  and 
say  "said  corporation  has  no  seal,"  and  in  such  case  omit  the  word 
"sealed"  after  the  words  "signed  and,"  and  insert  in  lieu  of  it  the 
words  "executed." 

No.  69.     (Wisconsin.) 
State  of  Wisconsin,  | 

County.       ) 

Personally  came  before  me  this day  of ,  18.  .,  the  above 

(or  within)    named    ,  and    ,  his  wife,  to  me  known  to  be 

the  persons  who  executed  the  foregoing  (or  within)  instrument,  and 
acknowledged  the  same. 

CERTIFICATE    TO   BE    ATTACHED   TO    AN    ACKNOWLEDGMENT 
TAKEN  OUTSIDE  THIS  STATE. 

State  of ) 

County  of > 

I,   ,  clerk  of  the   ,  in  and  for  said  county,  which  is  a 

court  of  record,  having  a  seal  (or  I,   ,  the  Secretary  of  State  of 

State),  do  hereby  certify  that  ,  by  and  before  whom  the 

foregoing  acknowledgment  (or  proof)  was  taken,  was,  at  the  time  of 
taking  the  same,  a  notary  public  (or  other  officer)  residing  (or  author- 
ized to  act)  in  said  county,  and  was  duly  authorized  by  the  laws  of 
said  State  (or  territory)  to  take  and  certify  acknowledgments  or  proofs 
of  deeds  in  said  State,  and  further  that  I  am  well  acquainted  with  the 

handwriting  of  said ,  and  that  I  verily  believe  that  the  signature 

to  said  certificate  of  acknowledgment  is  genuine. 

In  testimony  whereof,  I  have  hereunto  set  my  hand  and  affixed  the 
seal  of  the  said  court  (or  State),  this  day  of 18. . 

No.  70.  (Wyoming.) 
State  of  Wyoming,  » 

County  of   j 

I  (name  of  officer  and  title)  do  hereby  certify  that  (name  of  gran- 


296  NOTARIES  PUBLIC. 

tor,  if  wife  joins  add  her  name,  "and  his  wife")  personally  known  to 
me  to  be  the  same  persons  whose  names  are  subscribed  to  the  foregoing 
instrument,  appeared  before  me  this  day  in  person,  and  acknowledged 
that  they  signed,  sealed  and  delivered  said  instrument  as  their  free 
and  voluntary  act,  for  the  uses  and  purposes  therein  set  forth  (if 
homestead  is  released  state,  including  the  release  and  waiver  of  the 
right  of  homestead). 

CANADA. 
No.  71. 

I  hereby  certify  that  ,  personally  known  to  me,  appeared  be- 
fore me  and  acknowledged  to  me  that    ,  the  person.,    mentioned 

in  the  annexed  instrument  as  the  maker. .  thereof,  and  whose  name 
subscribed  thereto  as  part  that  .....  know.,  the  con- 
tents thereof,  and  that executed  the  same  voluntarily. 

In    testimony    whereof,    I    have    hereto    set    my    hand    and    seal    of 

office,  at   ,  this day  of  ,  in  the  year  of  Our  Lord 

one    thousand    eight    hundred    and    ninety   

No.  72.     FOR  WITNESS. 

I  hereby  certify  that  ,  personally  known  to  me,  appeared  be- 
fore me  and  acknowledged  to  me  that    ,  the  person  whose  name 

is   subscribed  to  the   annexed  instrument   as  witness,   and   having  been 

duly  sworn  by  me,  did  prove  to  me  that did  execute  the  same  in 

his  presence  voluntarily. 

In  testimony  whereof,  I  have  hereto  set  my  hand  and  seal  of  office, 

at   ,  British  Columbia,  this   day  of   ,  in  the  year  of 

our  Lord  one  thousand  eight  hundred  and  ninety 

AFFIDAVITS. 
No.   72A.     GENERAL   AFFIDAVIT. 


State  of . . . 
County  of. 


(■  ss. 


of  the  of  County  of 

and  State  of    being  duly  sworn,  doth  depose  and 

say,  that    

And  further  this  deponent  says  not. 

1 

Subscribed   and   sworn   to  before   me   this    day   of    A. 

D.  190 

2 

(1)  This  line  is  for  signature  of  affiant. 

(2)  These  two  lines  are  for  signatures  and  title  of  officer  adminis- 
tering oath. 

No.  73.     AFFIDAVIT  OF  ACCOUNT. 


State  of  . 

ss. 


. .  .   County.        ) 

I,  William  Smith,  of  the  firm   of  Smith,  Brown   &   Co.,   do  solemnly 


FORMS.  297 

swear  that  the  several  items  mentioned  in  the  annexed  account  are 
just  and  true;  that  the  articles  were  furnished,  as  therein  charged, 
and  that  the  amount  claimed,  to  wit,  the  sum  of  fifty  dollars,  is  due 
and  unpaid,  after  allowing  all  just  credits. 


Subscribed  and  sworn  to  before  me,  this day  of ,  18.  . 

Notary  Public. 
No.  73A.     AFFIDAVIT  OF  HEIRSHIP. 

State  of  Pennsylvania,     | 
County  of   ) 

In  the  matter  of  the  real  estate  of  John  J.  Belst,  of  Philadelphia,  lately 
deceased. 

To  whom  it  May  Concern:     We  respectfully  make  oath  to  show: 

That,  John  J.  Belst  died  by  railroad   accident    in  the  State 

of    owning  and   seized   of  the  following   described   real   estate 

situated  in  the  City  of  Chicago,  County  of  Cook  and  State  of  Illinois, 
to- wit: 

Lots  2  and  3  in  Block  5  in  Cornell  or  Subdivision  in  Sections  6  and 
35,  Township  36  North,  Range  14  East  of  Principal  Meridian  in  Cook 
County,  Illinois.  That  John  J.  Belst  and  Ellen  L.  B.,  his  wife,  had 
no  children  or  heirs  of  their  bodies.  That  the  names  of  the  only 
heirs  of  the  said  John  J.  Belst,  deceased,  and  the  interests  of  each  of  said 
heirs  in  the  above  described  premises  of  which  said  John  J.  Belst  died 
seized,  are  as  follows:  *  *  *  (names  and  residences,  and  interests 
of  each). 

Sworn  and  subscribed  to  before  me  this day  of A. 

D.  190 

No.  74.     LOSS  OF  NOTES. 

State  of | 

County  of   ) 

I,    ,   on   oath,   depose   and   say:     That   on   the    day   of 

,  A.  D.  18.  .,  I, ,  together  with ,  made  a  certain  deed 

of  trust  to    ,  to  secure  the  payment  of  the    certain   prin- 
cipal promissory  note  of  that  date,  for dollars,  payable  in 

years  from  said  date,  to  the  order  of ,  with  interest  at per 

cent,  per  annum,  payable  in  semi-annual  installments  of  $ each, 

which  semi-annual  payments  were  evidenced  by    coupon  interest 

notes,    as   in   said   deed    described.     That    said    coupons   were   numbered 

from  1  to ,  inclusive,  and  in  the  order  they  respectively  became 

due,  that  said  deed  was  filed  in  the  office  for  the  registry  of  deeds  for 

County,  State  of    ,  on  the    day  of    ,  A.   D. 

18.  .,  and  recorded  in  Book ,  of   ,  page   ;   that  all  of 

said   notes  have  been  paid  and   canceled,  and   are   herewith   produced, 

excepting    coupons    numbered     ,    which,    although    diligent 

search  has  been  made  therefor,  cannot  be  found;  that  said  missing  notes 
have  been  either  mislaid,  lost  or  destroyed,  and  therefore  cannot  now  be 


298  NOTARIES  PUBLIC. 

produced;  that  this  affidavit  is  made  to  obtain  the  release  of  the  afore- 
mentioned deed  of  trust. 

Subscribed  and  sworn  to  before  me,  at    ,  this    day  of 

,  A.  D.  18..     Witness  my  hand  and  official  seal. 


Notary  Public. 


MEMORANDA. 

For   reason   of   the   statements   contained   in   the   foregoing   affidavit, 

I  have  this day  of ,  A.  D.  18.  .,  executed  a  release  of  the 

aforementioned  deed   of  trust.  , 

Trustee. 

No.   75.      (Georgia.)     AFFIDAVIT. 

You,  A.  B.,  do  swear  (or  affirm)  that  the  foregoing  defense  is  true, 
to  the  best  of  your  knowledge  and  belief,  so  help  you  God. 

Where  material  words  are  omitted  by  accident  or  mistake  in  an 
affidavit  to  appeal  in  forma  pauperis,  such  omission  is  amendable. 

Affidavits  of  illegality  are,  upon  motion  and  leave  of  court,  amend- 
able instanter  by  the  insertion  of  new  and  independent  grounds;  pro- 
vided, the  defendant  will  swear  that  he  did  not  know  of  such  grounds 
when  the  original  affidavit  was  filed. 

All  affidavits  for  the  foreclosure  of  liens,  including  mortgages,  and 
all  affidavits  that  are  the  foundation  of  legal  proceedings,  and  all 
counter  affidavits,  shall  be  amendable  to  the  same  extent  as  ordinary 
declarations,  and  with  only  the  restrictions,  limitations,  and  conse- 
quences now  obtaining  in  the  case  of  ordinary  declarations  and  pleas. 
In  all  civil  cases  founded  on  unconditional  contracts  in  writing,  where 
there  is  an  issuable  defense,  and  where  the  defendant  does  not  reside 
in  the  county  where  suit  is  pending,  the  agent  or  attorney  of  the 
defendant  may  make  oath  to  the  plea  and  swear  it  to  be  true  accord- 
ing to  the  best  of  his  knowledge  and  belief.  Where  claimants  are 
unable  to  give  bond  and  security  as  required,  it  shall  and  may  be  the 
privilege  of  such  claimants  to  file,  in  addition  to  the  oath  required,  an 
affidavit  as  follows: 

I,  A.  B.,  do  swear  that  I  do  not  interpose  this  claim  for  delay  only; 
that  I  bona  fide  claim  the  right  and  title  to  the  same;  that  I  am 
advised  and  believe  that  the  claim  will  be  sustained;  and  that  from 
poverty  I  am  unable  to  give  bond  and  security  as  now  required  by 
law. 

When  said  affidavit  shall  have  been  made  and  delivered  to  the 
levying  officer,  the  same  shall  suspend  the  sale  in  the  same  manner 
as  if  bond  and  security  had  been  given. 

Attorneys  cannot  take  affidavits  required  of  their  clients,  unless 
specially  permitted  by  law. 

Oath  includes  affirmation. 


FORMS.  299 

No.   76.     (Illinois.)      AFFIDAVIT   OF   AGE   OF   CHILD. 

SCHOOL    CERTIFICATE. 

Ogden  School.  Chicago,  June  10,  1906. 

This  certifies  that  Mary  Smith,  of  the  4th  grade,  can  read  and  write 
legibly,  simple  sentences.  This  also  certifies  that  according  to  the 
records  of  this  school,  and  in  my  belief,  the  said  Mary  Smith  was  born 
at  Covington,  in  Kenton  County,  Ky.,  on  the  10th  day  of  June,  1890, 
and  is  now  sixteen  years  old. 

JOHN    SMITH,    father. 

114  Grand  St. 

(Signature  of  teacher)    grade. 

(Name  of  principal.) 

Correct.     (Name   of  School.) 

This  certifies  that  I  am  father  of  Mary  Smith,  and  that  she  was 
born  at  Covington,  Kenton  County,  Kentucky,  on  the  10th  day  of 
June,  1890,  and  is  now  sixteen  years  old. 

JOHN    SMITH. 

There  personally  appeared  before  me  the  above  named  John  Smith, 
and  made  oath  that  the  foregoing  certificate  by  him  signed  is  true  to  the 
best  of  his  knowledge.  I  hereby  approve  the  foregoing  certificate  of 
Mary  Smith,  height  four  and  one-half  feet,  weight  one  hundred  pounds, 
complexion  fair,  hair  light,  having  no  sufficient  reason  to  doubt  that 
she  is  of  the  age  therein  certified. 

This  certificate  belongs  to  Mary  Smith,  and  is  to  be  surrendered 
to  her  whenever  she  leaves  the  service  of  the  corporation  or  employer 
holding  the  same;  but  if  not  claimed  by  said  child  within  thirty  days 
from  such  time  it  shall  be  returned  to  the  superintendent  of  schools, 
or  where  there  is  no  superintendent  of  schools,  to  the  school  board. 

WILLIAM    JONES, 

115  Madison  St. 

Chicago,  111. 

These  certificates  come  under  the  direction  of  the  School  Board  in 
Illinois. 

No.  77.     (Indian  Territory.) 

In  the  United  States  Court  for  the  Southern  District  of  Indian  Terri- 
tory. 
Sitting  at  Purcell,  March  Term,  A.  D.  1897. 

Richard  Roe,  plaintiff, 

Against 
John  Doe,  defendant. 
The    plaintiff,    Richard    Roe,    states    that    the    defendant,    John    Doe, 
is  a  nonresident  of  Indian  Territory. 

RICHARD  ROE. 
Subscribed  and  sworn  to  before  me  this day  of 


Notary  Public. 


300  NOTARIES  PUBLIC. 

No.    78.     BY   ATTORNEY— SAME    HEADING. 

John  Jones  states  that  he  is  the  attorney  for  the  plaintiff,  Richard 
Roe,  who  is  absent  from  the  Southern  District  of  the  Indian  Territory, 
and  that  the  defendant,  John  Doe,  is  a  nonresident  of  Indian  Territory. 

JOHN   JONES. 

Subscribed  and  sworn  to  before  me  this day  of 

Notary  Public. 
No.   79.     (West   Virginia.)     VERIFICATION   OF   PLEADING. 

State  of  West  Virginia, County,  to  wit: 

A.  B.,  the  plaintiff  (or  defendant)  named  in  the  foregoing  bill  (or 
answer),  being  duly  sworn,  says  that  the  facts  and  allegations  therein 
contained  are  true,  except  so  far  as  they  are  therein  stated  to  be  on 
information,  and  that  so  far  as  they  are  therein  stated  to  be  upon 
information,  he  believes  them  to  be  true. 

A.  B.,  plaintiff   (or  defendant). 

Taken,  sworn  to  and  subscribed  before  me  this day  of 


Officer. 
No.  80.     FOR  INJUNCTION. 

A  bill  of  injunction  to  be  sworn  to  by  a  party  other  than  the  litigants, 
must  show  what  is  made  on  information  and  belief. 

A.  B.,  being  duly  sworn,  says  that  he  is  the  agent  (or  attorney)  of 
the  plaintiff  (or  defendant)  named  in  the  foregoing  bill  (or  answer), 
and  that  he  knows  the  contents  thereof;  that  the  facts  and  allega- 
tions therein  contained  are  true,  except  such  as  are  therein  stated  upon 
information  and  belief,  and  that  as  to  such  allegations  he  believes  them 
to  be  true.  C.  D.,  agent  (or  attorney). 

No.    81.     (New   Mexico.) 

I  do  solemnly  swear  (or  affirm)  that  the  within  and  before  men- 
tioned account  is  true  and  correct,  and  that  the  services  have  been 
rendered  (or  articles  have  been  furnished)  as  stated,  and  that  no  part 
thereof  has  been  paid. 

No.  82.     AFFIDAVIT  IN  ATTACHMENT. 

Territory  of  New  Mexico,  ) 

County  of   ' 

This  day  personally  appeared  before  me  the  undersigned,   clerk  of 

the    court,   A.   B.    (or   C.   D.,  agent   for   A.   B.),   and,   being  duly 

sworn,  says  that  E.  F.  is  justly  indebted  to  the  said  A.  B.  in  the  sum 

of    after  allowing  all  just   off-sets,   and   that  the  said  E.  F.   is 

( set   forth    the    cause    of    attachments). 

A.    B , 

Or  C.  D.,  Agent  f or  A.  B 


FORMS.  301 

Sworn  and  subscribed  before  me,  this   day  of    ,  A.  D. 

> 

Clerk. 

No.  83.     (Vermont.)     TO  A  MORTGAGE. 

We  severally  swear  that  the  foregoing  mortgage  is  made  for  the 
purpose  of  securing  the  debt  specified  in  the  conditions  thereof,  and 
for  no  other  purpose,  and  that  the  same  is  a  just  debt,  due  and  owing 
from  the  mortgagor  to  the  mortgagee.  Which  affidavit,  with  the  cer- 
tificate of  the  oath  signed  by  the  authority  administering  the  same 
shall  be  appended  to  such  mortgage  and  recorded  therewith. 

When  a  corporation  is  a  party  it  may  be  made  and  subscribed  by 
a  director,  trustee,  cashier,  or  treasurer,  or  by  a  person  authorized  by 
the  corporation. 

When  a  partnership  is  a  party  one  of  its  members  may  subscribe 
to  it. 

OFFICIAL  OATHS. 

No.  84.     OATH  OF  GOVERNMENT  OFFICERS. 

I,  A.  B.,  do  solemnly  swear  (or  affirm)  that  I  have  never  voluntarily 
borne  arms  against  the  United  States  since  I  have  been  a  citizen  there- 
of; that  I  have  voluntarily  given  no  aid,  countenance,  counsel,  or 
encouragement  to  persons  engaged  in  armed  hostility  thereto;  that  I 
have  neither  sought  nor  accepted,  nor  attempted  to  exercise  the  func- 
tions of  any  office  whatever,  under  any  authority,  or  pretended  author- 
ity, in  hostility  to  the  United  States;  that  I  have  not  yielded  a  volun- 
tary support  to  any  pretended  government,  authority,  power,  or  con- 
stitution within  the  United  States,  hostile  or  inimical  thereto.  And  I  do 
further  swear  (or  affirm)  that,  to  the  best  of  my  knowledge  and  ability, 
I  will  support  and  defend  the  constitution  of  the  United  States  against 
all  enemies,  foreign  and  domestic;  that  I  will  bear  true  faith  and  al- 
legiance to  the  same;  that  I  take  this  obligation  freely,  without  any 
mental  reservation  or  purpose  of  evasion,  and  that  I  will  well  and 
faithfully  discharge  the  duties  of  the  office  on  which  I  am  about  to 
enter,  so  help  me  God. 


No.    85.     OATH    OF    GOVERNMENT    OFFICERS    FORMERLY    PAR- 
TICIPANTS IN  THE   REBELLION. 

I,  A.  B.,  do  solemnly  swear  (or  affirm)  that  I  will  support  and  de- 
fend the  Constitution  of  the  United  States  against  all  enemies,  foreign 
and  domestic;  that  I  will  bear  true  faith  and  allegiance  to  the  same; 
that  I  take  this  obligation  freely,  without  any  mental  reservation  or 
purpose  of  evasion;  and  that  I  will  well  and  faithfully  discharge  the 
duties  of  the  office  on  which  I  am  about  to  enter,  so  help  me  God. 


302  NOTARIES  PUBLIC. 

No.  86.     NOTARY'S  OATH. 

I    do    solemnly    swear    that    I    will    support   the    constitution    of    the 

United  States  and  the  constitution  of  the  State  of ,  so  long  as  I 

continue  a  citizen  thereof,  and  that  I  will  faithfully  discharge,  accord- 
ing to  law,  the  duties  of  the  office  of   to  the  best  of  my  ability, 

so  help  me  God. 

No.  87.     OATH  REQUIRED  TO  BE  TAKEN  BY  ALL  PERSONS  BE- 
FORE ENTERING  UPON  THE  DUTIES  OF  THEIR 
OFFICE  IN  KENTUCKY. 

FORM. 

I  do  solemnly  swear  (or  affirm)  that  I  will  support  the  constitution 
of  the  United  States  and  the  constitution  of  this  commonwealth,  and 
be  faithful  and  true  to  the  commonwealth  of  Kentucky  so  long  as  I 
continue  a  citizen  thereof,  and  that  I  will  faithfully  execute,  to  the  best 

of  my  ability,  the  office  of    according  to  law,  and  I  do  further 

swear  (or  affirm)  that  since  the  adoption  of  the  present  constitution, 
I  being  a  citizen  of  this  State,  have  not  fought  a  duel  with  deadly 
weapons  within  this  State  nor  out  of  it,  nor  have  I  sent  or  accepted 
a  challenge  to  fight  a  duel  with  deadly  weapons,  nor  have  I  acted  as 
second  in  carrying  a  challenge,  nor  aided  or  assisted  any  person  thus 
offending,   so   help   me    God. 

No.  88.     OATH  OF  OFFICE  IN  NEVADA. 

I,   ,  do  solemnly  swear  (or  affirm)  that  I  will  support,  protect, 

and  defend  the  constitution  and  government  of  the  United  States,  and 
the  constitution  and  government  of  the  State  of  Nevada,  against  all 
enemies,  whether  domestic  or  foreign;  and  that  I  will  bear  true  faith, 
allegiance  and  loyalty  to  the  same,  any  ordinance,  resolution,  or  law 
of  any  State  convention  or  legislature  to  the  contrary  notwithstanding; 
and  further,  that  I  do  this  with  a  full  determination,  pledge,  and  pur- 
pose, without  any  mental  reservation  or  evasion  whatsoever,  and  I  do 
further  solemnly  swear  (or  affirm)  that  I  have  not  fought  a  duel,  nor 
sent  or  accepted  a  challenge  to  fight  a  duel,  nor  been  a  second  to  either 
party,  nor  in  any  manner  aided  or  assisted  in  such  duel,  nor  been  know- 
ingly the  bearer  of  such  challenge  or  acceptance,  since  the  adoption  of 
the  constitution  of  the  State  of  Nevada,  and  that  I  will  not  be  so  en- 
gaged or  concerned,  directly  or  indirectly,  in  or  about  any  such  duel, 
during  my  continuance  in  office;  and  further,  that  I  will  well  and  faith- 
fully perform  all  the  duties  of  the  office  of ,  on  which  I  am  about 

to  enter  (if  an  oath)  "so  help  me  God,"  (if  an  affirmation),  under  the 
pains  and  penalties  of  perjury. 

No.  89.     IN  NORTH   CAROLINA. 

Party  to  lay  his  hand  on  the  holy  evangelists  of  Almighty  God,  in 
token  of  his  engagement  to  speak  the  truth,  as  he  hopes  to  be  saved  in 
the  way  and  methods  of  salvation  pointed  out  in  that  blessed  volume; 


FORMS.  303 

and  in  further  token,  that,  if  he  should  swerve  from  the  truth,  he  may 
be  justly  deprived  of  all  blessings  of  the  gospel  and  made  liable  to  that 
vengeance  which  he  has  imprecated  on  his  own  head;  and  he  shall 
kiss  the  holy  gospel,  as  a  seal  of  confirmation  to  the  said  engagements. 
Tf  conscientiously  opposed  to  taking  the  book,  he  may  stand  with 

his  right  hand   uplifted   and   say:    "I,    ,  do  appeal   to   God,  as  a 

witness  of  the  truth  and  the  avenger  of  falsehood,  as  I  shall  answer 
the  same  at  the  great  day  of  judgment  when  the  searcher  of  all  hearts 
shall    be   known,"    etc. 

No.  90.     OATH  REQUIRED  OF  AN  OFFICER  OF  VIRGINIA. 

I,  ,  do  declare  myself  a  citizen  of  the  commonwealth  of  Vir- 
ginia, and  do  solemnly  swear  that  I  will  support  and  maintain  the  con- 
stitution and  laws  of  the  United  States,  and  the  constitution  and  laws 
of  the  State  of  Virginia;  that  I  recognize  and  accept  the  civil  and 
political  equality  of  all  men  before  the  law;    and  that  I  will  faithfully 

perform  the   duty  of    to   the   best   of   my  ability.     So   help   me 

God. 

No.  91.    OATH  OF  COMMISSIONER  OF  DEEDS. 

I, ,  swear  (or  affirm)  that  I  will  faithfully  perform  the  duties 

of  commissioner  to  the  best  of  my  ability.     So  help  me  God. 

No.  92.    OATH  ALLOWED  TO  OFFICE  HOLDERS. 

I  swear  (or  affirm)  that  I  have  not  since  the  removal  of  my  disabil- 
ities by  an  act   of   the   general   assembly,   approved   the    day   of 

,  eighteen   ,  fought  in  a  duel,  the  issue  of  which  was 

or  might  have  been  the  death  of  either  party;  nor  have  I  been  know- 
ingly the  bearer  of  any  challenge  or  acceptance  to  fight  a  duel  actually 
fought;  nor  have  I  been  otherwise  engaged  or  concerned,  directly  or 
indirectly,  in  a  duel  actually  fought  since  said  time;  nor  will  I  during 
my  continuance  in  office  be  so  engaged,  directly  or  indirectly.  So  help 
me  God. 

No.  93.     OATHS  GENERALLY. 

Should  be  administered  while  standing  with  the  head  uncovered 
and  the  right  hand  raised. 

1.  You  do  solemnly  swear,  that  you  will  true  answers  make  to  such 
questions  as  shall  be  put  to  you,  touching  the  execution  of  this  con- 
veyance.    So  help  you  God. 

2.  You  do  solemnly,  sincerely  and  truly  declare  and  affirm  that  you 
will  true  answers  make  to  such  questions  as  shall  be  put  to  you,  touch- 
ing the  execution  of  this  conveyance. 

No.  94.     TO  A  WITNESS. 

3.  You  do  solemnly  swear,  that  you  will  true  answers  make  to  such 
questions  as  shall  be  put  to  you,  touching  the  identity  of  the  parties 
(or,  the  subscribing  witness)  to  this  conveyance.      So  help  you  God. 


304  NOTARIES  PUBLIC. 

4.  You  do  solemnly  swear  by  the  ever-living  God,  that  the  contents 
of  this  affidavit  by  you  subscribed  to  are  true. 

5.  You  do  solemnly  swear,  that  the  evidence  which  shall  be  given 
by  you,  touching  the  matters  in  controversy  between  C.  D.  and  G.  B., 
shall  be  the  truth,  the  whole  truth,  and  nothing  but  the  truth.  So  help 
you  God. 

6.  You  do  solemnly  swear  by  the  ever-living  God,  that  the  state- 
ment herein  set  forth  and  subscribed  to  by  you  is  the  truth. 

No.  95.     AFFIRMATION. 

7.  You  do  solemnly,  sincerely  and  truly  declare  and  affirm. 

No.  96.      (Indiana.)      OATH. 
Swear  to  tell  the  truth,  the  whole  truth,  and  nothing  but  the  truth. 

No.  97.     OATH. 

Shall  be  most  consistent  with  and  binding  upon  the  conscience  of 
the  party  taking  it. 

No.  98.     TO  WITNESS  IN  MINNESOTA. 

You  do  solemnly  swear  that  the  evidence  you  shall  give  relative 
to  the  cause  now  under  consideration  shall  be  the  truth  and  nothing  but 
the  truth.     So  help  you  God. 

No.  99.     AFFIDAVIT. 

You  do  solemnly  swear,  that  the  contents  of  this  affidavit,  by  you 
subscribed  to,  are  true,  as  therein  stated.     So  help  you  God. 

No.  100.     FORM  FOR  AN  INFIDEL. 

You  do  honestly  and  sincerely  promise  and  declare  that  the  testi- 
mony you  shall  give  relative  to  the  cause  now  under  consideration  shall 
be  the  truth,  the  whole  truth,  and  nothing  but  the  truth,  and  this 
under  the  pains  and  penalties  of  perjury. 

No.  101.     CANADA. 

Canada,  )  . 

'  V  to  wit: 

Province  of  British  Columbia.  > 

I,  A.  B.,  solemnly  declare  that  (state  facts),  and  I  make  this  solemn 
declaration,  conscientiously  believing  it  to  be  true,  and  knowing  that  it 
is  of  the  same  force  and  effect  as  if  made  under  oath,  and  by  virtue  of 
the  "Canada  Evidence  Act,  1893." 

Declared  before  me,    ,  at    ,  this    day  of    , 

A.  D 

No.  102.     AFFIRMATION  FORM. 

I,  A.  B.,  do  solemnly,  sincerely  and  truly  affirm  and  declare  that  the 
taking  of  an  oath  is,  according  to  my  religious  belief,  unlawful;  and  I 
do  also  solemnly,  sincerely  and  truly  affirm  and  declare,  etc. 


FORMS.  305 

No.  103.     BILL  OF  SALE. 

Know  all  men  by  these  presents,  that   ,  of  the   ,  in  the 

County  of ,  and  State  of ,  part.  .  of  the  first  part,  for  and  in 

consideration  of  the  sum  of dollars,  lawful  money  of  the  United 

States  of  America,  to    in  hand  paid,  at  or  before  the  ensealing 

and  delivery  of  these  presents,  by   

of  the  second  part,  the  receipt  whereof  is  hereby  acknowledged,  ha.  . 
granted,  bargained,  sold,  and  delivered,  and,  by  these  presents,  do.  . 
grant,  bargain,  sell,  and  deliver,  unto  the  said  part.  .  of  the  second  part, 
all  the  following  goods,  chattels,  and  property,  to  wit: 

To  have  and  to  hold  the  said  goods,  chattels,  and  property  unto  the 

said  part.,    of  the  second  part,   heirs,  executors,  administrators, 

and  assigns,  to  and  for own  proper  use  and  behoof,  forever. 

And  the  said  part.  .  of  the  first  part  do.  .  vouch to  be  the  true 

and  lawful  owner.,   of  the  said  goods,  chattels,  and  property,  and  have 

in full  power,  good  right,  and  lawful  authority,  to  dispose  of  the 

said  goods,  chattels,  and  property,  in  manner,  as  aforesaid:     And 

do,  for   heirs,  executors,  and  administrators,  covenant  and  agree 

to  and  with  the  said  part.  .  of  the  second  part,  to  warrant  and  defend 
the  said  goods,  chattels,  and  property  to  the  said  part.  .   of  the  second 

part,    executors,  administrators,  and  assigns,   against  the  lawful 

claims  and  demands  of  all  and  every  person  and  persons  whomsoever. 

In  witness  whereof,    have   hereunto   set    hand.,    and 

seal..,  the  day  of  ,  in  the  year  one  thousand  eight  hun- 
dred and (Seal.) 

(Seal.) 

Sealed  and  delivered  in  the  presence  of 


State  of ,      >  sg> 

County.        > 

I, ,  in  and  for  said  county,  do  hereby  certify,  that  this  instru- 
ment was  duly  acknowledged  before  me,  by  the  above  named 
this day  of ,  A.  D.  18 . .  


No.  104.     AGREEMENT. 

This  agreement  made  this   day  of   ,  between  T.  B.  of 

,  merchant,  of  the  first  part,  by  C.  J.,  his  attorney,  and  W.  F.  of 

,  merchant,  of  the  second  part,  by  C.  S.,  his  attorney,  witnesseth. 

That   the   said   party   of   the   first   part,   in    consideration   of 
dollars  to  him  in  hand  paid,  agrees  to  (state  agreement). 

(Signed  and  sealed  by  both  attorneys.) 

No.  104A.    AGREEMENT  FOR  SALE  AND  PURCHASE. 

This  agreement,  made  this   day  of   .,  between  T.  S.    of 

,  farmer,  and  G.  S.,  of ,  merchant,  witnesseth: 

That  the  said  T.  S.,  in  consideration  of  the  agreement  hereinafter 
20 


:J06  NOTABIES  PUBLIC. 

contained,  to  be  performed  by  G.  S.,  agrees  to  sell  and  deliver  to  the  said 

G.  S.,  at  his  warehouse  in (specify  goods),  on  or  before  the 

day  of ,  19.  .,  and  the  said  G.  S.,  in  consideration  thereof,  agrees  to 

pay  to  the  said  T.  S.  the  sum  of dollars  per   for  the  said 

immediately  upon  the  completion  of  the  delivery  thereof. 

In  witness  whereof  we  have  this  day  and  year  as  above  written  set 
our  hands  and  seals.  

No.  105.  AGBEEMENT  FOB  WAEBANTEE  DEED. 

Articles  of  agreement,  made  this day  of ,  in  the  year  of 

our  Lord  one  thousand  eight  hundred  and  ninety ,  between , 

party  of  the  first  part,  and ,  party  of  the  second  part;  witnesseth, 

that  if  the  party  of  the  second  part  shall  first  make  the  payments  and 

perform    the    covenants    hereinafter    mentioned    on    part    to   be 

made  and  performed,  the  said  party  of  the  first  part  hereby  covenants 
and  agrees  to  convey  and  assure  to  the  said  party  of  the  second  part, 
in  fee  simple,  clear  of  all  incumbrances  whatever,  by  a  good  and  suffi- 
cient warranty  deed,  the  lot.  .,  piece.  .,  or  parcel  of  ground,  situated  in 

the   County   of    ,   and   State   of    ,   known   and    described    as 

,   and   the   said   party   of  the   second   part   hereby   covenants   and 

agrees  to  pay  to  the  said  party  of  the  first  part  the  sum  of dol- 
lars in  the  manner  following:      ,  with  interest  at  the 

rate  of   per  centum  per  annum,  payable   annually,  on  the 

whole  sum  remaining  from  time  to  time  unpaid,  and  to  pay  all  taxes, 
assessments  or  impositions  that  may  be  legally  levied  or  imposed  upon 

said  land,  subsequent  to  the  year  And  in  case  of  the  failure  of 

the  said  party  of  the  second  part  to  make  either  of  the  payments,  or 

any  part  thereof,  or  perform  any  of  the  covenants  on part  hereby 

made  and  entered  into,  this  contract  shall,  at  the  option  of  the  party 
of   the   first   part,  be   forfeited   and   determined,   and   the   party   of   the 

second  part  shall  forfeit  all  payments  made  by on  this  contract, 

and  such  payments  shall  be  retained  by  the  said  party  of  the  first  part 
in  full  satisfaction  and  in  liquidation  of  all  damages  by  sus- 
tained, and   shall  have  the  right  to  re-enter  and  take  possession 

of  the  premises  aforesaid 

It  is  mutually  agreed,  by  and  between  the  parties  hereto,  that  the 
time  of  payment  shall  be  the  essence  of  this  contract  and  that  all 
the  covenants  and  agreements  herein  contained  shall  extend  to  and  be 
obligatory  upon  the  heirs,  executors,  administrators  and  assigns  of  the 
respective  parties. 

In  witness  whereof,  the  parties  to  these  presents  have  hereunto  set 
their  hands  and  seals,  the  day  and  year  first  above  written. 


(Seal.) 
(Seal.) 
(Seal.) 


Sealed  and  delivered  in  presence  of 


FORMS.  307 

No.  105A.    ASSIGNMENT  OF  AN  ACCOUNT. 

Know  all  men  by  these  presents,  that  I,  A.  B.,  of ,  in  consider- 
ation of dollars,  lawful  money  of  the  United  States  [to  me  paid 

before  the  sealing  and  delivery  of  these  presents,  the  receipt  whereof 
is  hereby  acknowledged(c)],  have  sold,  assigned,  transferred,  and  set 
over,  and  by  these  presents  do  sell,  assign,  transfer,  and  set  over  unto  Y. 

Z.,  of ,  his  executors,  administrators,  and  assigns,  to  his  and  their 

own  proper  use  and  benefit  [all  my  right,  title,  and  interest  in  and  to]*, 
any  and  all  sum  or  sums  of  money  now  due  or  to  grow  due  upon  the 
annexed  account,  or  upon  the  sales  [or,  services,  or,  loans,  or  whatever 
transactions  may  be  the  basis  of  the  account]  therein  mentioned.  And 
I  do  hereby  give  the  said  Y.  Z.,  his  executors,  administrators,  and  as- 
signs, the  full  power  and  authority,  for  his  or  their  own  use  and  benefit, 
but  at  his  or  their  own  cost,  to  ask,  demand,  collect,  receive,  compound, 
and  give  acquittance  for  the  same,  or  any  part  thereof,  and  in  my  name 
or  otherwise  to  prosecute  and  withdraw  any  suits  or  proceedings  at 
law  or  in  equity  therefor. 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  seal,  this 

day  of ,  18 

In  presence   of  (Signature.)     (Seal.) 

(Signature  of  witness  or  witnesses.) 

No.  105B.     ASSIGNMENT  OF  LEASE. 

(As  in  Form  105A  to  the  *,  continuing  thus:)  a  certain  indenture  of 
lease,  bearing  date  the  day  of  ,  in  the  year  one  thou- 
sand nine  hundred  and   ,  made  by   ,  of   ,  to  me 

the    said     ,    of    a    certain    dwelling-house    and    lot,    situate    in 

,  with  all  and  singular  the  premises  therein  mentioned  and  de- 
scribed, and  the  buildings  thereon,  together  with  the  appurtenances; (h) 

to  have  and  to  hold  the  same  unto  the  said ,  his  heirs,  executors, 

administrators,   and  assigns,   from   the    day   of    next, 

for  and  during  all  the  rest,  residue,  and  remainder  of  the  term  of 
years  mentioned  in  the  said  indenture  of  lease;  subject,  never- 
theless, to  the  rents,  covenants,  conditions,  and  provisions  therein  also 
mentioned.     And  I  do  hereby  covenant  and  agree  to  and  with  the  said 

that  the  said  assigned  premises  now  are  free  and  clear  of  and 

from  all  former  and  other  gifts,  grants,  bargains,  sales,  leases,  judg- 
ments, executions,  back  rents,  taxes,  assessments  and  encumbrances 
whatsoever. 

In  witness,  etc. 

No.  105C.     ASSIGNMENT  OF  MORTGAGE. 

Know  all  men  by  these  presents,  that  whereas ,  of , 

on day  of ,  by  his  deed  of  mortgage  of  that  date,  for 

the  consideration  of   ,  did  grant,  bargain,  sell,  and  convey  unto 

me ,  of ,  my  heirs  and  assigns,  all  and  singular   (here 

describe  the  mortgaged  premises),  to  have  and  to  hold  the  same  to  me 


308  NOTAEIES  PUBLIC. 

the  said   ,  my  heirs  and  assigns,  forever,  upon  condition   (here 

recite   the   conditions   of   the   mortgage).     Now,  therefore,   I,   the   said 

,  in  consideration  of  the  sum  of   ,  to  me  in  hand  paid 

before  the  ensealing  hereof,  do  by  these  presents  sell,  assign,  transfer, 

and  set  over  unto ,  of ,  his  heirs  and  assigns,  forever, 

the  said  (premises),  to  have  and  to  hold  the  same  to  him,  the  said 
,  his  heirs  and  assigns,  forever,  as  fully  and  in  as  ample  a  man- 
ner as  I,  the  said   ,  my  heirs  or  assigns,  might  hold  and  enjoy 

the  same  by  virtue  of  the  mortgage-deed  aforesaid,  and  not  otherwise. 

And  I  do,  for  myself,  my  heirs,  executors,  and  administrators,  hereby 
authorize  and  empower  the  said  ,  his  heirs,  executors,  and  ad- 
ministrators, to  receive  to  his  and  their  own  use  the  sum  or  sums  men- 
tioned in  the  condition  of  said  deed,  whenever  the  same  shall  be  tendered 

or  paid  to  him  or  them,  by  the  said    ,  his  heirs,  executors,  or 

administrators,  agreeably  thereto,  and  to  discharge  the  said  mortgage, 
or  to  take  and  pursue  such  other  steps  and  means  for  recovery  of  the 
said  sum  or  sums,  with  the  interest,  by  sale  of  the  said  mortgaged 
premises,  or  otherwise,  as  by  law  are  provided,  as  fully  to  all  intents 
and  purposes  as  I,  the  said  ,  my  heirs,  executors,  or  adminis- 
trators might  or  could  do. 

And  I  do,  for  myself,  my  heirs,  executors,  and  administrators,  cove- 
nant with  the  said    ,  his  heirs  and   assigns,   that   I   have   good 

right  to  assign  the   said  premises  as  aforesaid;   and   that   he,  the   said 

,  shall,  and  may  have,  hold,  occupy,  possess,  and  enjoy  the  same 

(subject,  however,  to  the  right  of  redemption,  as  by  law  in  such  cases  is 
provided),  against  the  lawful  claim  of  all  persons. 

In  witness,  etc. 

No.  106.     BOND  FOE  DEED. 

Know  all  men  by  these  presents,  that ,  of  the  County  of , 

and  State  of   ,  held  and  firmly  bound  unto   ,  of  the 

County  of ,  and  State  of ,  in  the  penal  sum  of dol- 
lars,  to  be  paid  unto   the   said    heirs,   executors,   administrators 

or  assigns,  to  which  payment,  well  and  truly  to  be  made    bind 

......    heirs,  executors,   administrators,  and   every  of  them,  firmly  by 

these  presents. 

Sealed  with seal.  .,  and  dated  the day  of ,  A.  D. 

189.. 

The  condition  of  the  above   obligation   is  such,   that,   whereas,  the 

above  bounden ha. .   this  day  sold  to  the  said  ,  heirs  and 

assigns,  for  the  sum  of dollars,  all  the  following  described  lot.  ., 

piece .  . ,  or  parcel . .   of  land,  to  wit : 

which  sum  of    dollars  is  to  be  paid  in  the  manner  following: 

,  with  interest  at  the  rate  of per  cent,  per 

annum  payable  annually  on  the  whole  sum  remaining  from  time 

to  time  unpaid. 

Upon  the  payment  of  the  said  sums  being  made  at  the  time  and  in 
the  manner  aforesaid,  and  of  all  taxes,  assessments,  or  impositions 
that  may  be  legally  levied  or  imposed  upon  said  land  subsequent  to 


FORMS.  309 

,  A.  D.  189. .,  the  said , heirs,  executors,  and  assigns, 

covenant. .  and  agree. .  to  and  with  the  said , heirs,  execu- 
tors, administrators  and  assigns  to  execute  a  good  and  sufficient  deed  of 
conveyance,  in  fee  simple,  free  from  all  incumbrance,  with  full  cove- 
nants of  warranty  for  the  above  described  premises. 

Now,  if  the  said shall  well  and  truly  keep,  observe,  and  per- 
form   covenants  and  agreements  herein  contained  on   part, 

to  be  kept  and  performed,  then  this  obligation  to  be  void;  otherwise  to 
remain  in  full  force  and  virtue.  It  is  expressly  understood  and  agreed 
by  and  between  the  parties  hereto,  that  time  is  of  the  essence  of  this 
contract,  and,  that  in  the  event  of  the  non-payment  of  said  sum  of 
money,  or  any  part  thereof,  or  the  interest  thereon,  at  the  time  or 
times  herein  named  for  its  payment,  that  then  the  said  ab- 
solutely discharged  at  law  and  in  equity  from  any  and  all  liability  to 
make  and  execute  such  deed. 

(Seal.) 

(Seal.) 

Sealed  and  delivered  in  the  presence  of 


No.  106A.     BOND  FOR  MONEY. 

Know  all  men  by  these  presents,  that  I,    ,  of  the  town  of 

,  in  the  county  of   ,  and  State  of   ,  merchant, 

am  held  and  firmly  bound  unto    ,  of  said  town,  farmer,  in  the 

sum  of    dollars   (inserting  the  penal  sum,  which   is  commonly 

double  the  amount  of  the  principal  sum  intended  to  be  secured,  in 
order  to  cover  interests,  costs,  expenses,  and  other  contingencies),  good 

and  lawful  money  of  the  United  States,  to  be  paid  to  said ,  his 

executors,  administrators,  or  assigns,  for  which  payment  well  and  truly 
to  be  made  I  do  bind  myself,  my  heirs,  executors,  and  administrators, 
firmly  by  these  presents. 

Sealed  with  my  seal,  and  dated  the day  of ,  190.  .  . 

The  condition  of  this  obligation  is  such,  that  (if  the  above-bounden 

,  his  heirs,  executors,  and  administrators,  or  any  of  them,  shall 

well  and  truly  pay,  or  cause  to  be  paid,  unto  the  above-named , 

his    executors,    administrators,    or    assigns,*    the   just    and    full    sum    of 

dollars  (inserting  the  principal  intended  to  be  secured),  with 

interest  at  the  rate  of    per  cent,  per  annum    (or,  with  legal 

interest),  for  the  same,  on  (or  before),  (b)  the  day , 

which  will  be  in  the  year  one  thousand  nine  hundred  and ,  with 

out  fraud  or  other  delay,*  then  this  obligation  is  to  be  void,  otherwise 
to  remain  in  full  force.  (Seal.) 

No.  107.     CERTIFICATE. 

The  undersigned  T.  S.,  fence  viewer  of  the  town  of    ,  hereby 

certifies,  after  due  inquiry,  that  G.  B.  is  entitled  to  receive  from  the 
owner  of  the which  came  upon  his  enclosed  lands  in  said  town 


310  NOTARIES  PUBLIC. 

on  the    day  of    ,   19..,  the  sum  of    dollars  as  his 

reasonable  charges  for  keeping  the  same  from  the day  of , 

19..,  to  the    daj'  of    ,  and  that  my  fees   in  this  matter 

amount  to dollars. 


No.  108.     CONTRACT. 

This  agreement  made  the day  of ,  1903,  by  and  between 

T.  O,  of  the   of   ,  in  the  County  of   and  the  State 

of ,  of  the  first  part,  and  by  W.  C,  of ,  of  the  second  part, 

witnesseth:  That  the  said  party  of  the  second  part  covenants  and 
agrees  to  and  with  the  party  of  the  first  part  to  (insert  agreement). 
And  the  said  party  of  the  first  part  covenants  and  agrees  to  pay  unto 
the  said  party  of  the  second  part,  for  the  same,  the  sum  of dol- 
lars in   the  following  installments:      dollars  on  the    day 

of and dollars  on  the day  of   ,  with 

per  cent,  interest  due  and  payable  at  the  time. 

And  for  the  true  and  faithful  performance  of  all  and  every  of 
the   covenants   and   agreements   above   mentioned   the   parties   to   these 

presents  bind  themselves,  each  unto  the  other,  in  the  penal  sum  of 

dollars  as  liquidated  damages,  to  be  paid  by  the  failing  party. 

In  witness  whereof,  the  parties  to  these  presents  have  hereunto  set 
their  hands  and  seals  the  day  and  year  first  above  written. 


Signed,  sealed  and  delivered  in  the  presence  of 


No.  108A.     CONTRACT  WITH  EMPLOYEE. 

This  agreement,  made  this day  of ,  190.  .  .  .,  between 

,  of ,  of  the  first  part,  and ,  of ,  of  the 

second  part,  witnesseth :      That  the  said   agrees  faithfully  and 

diligently  to  serve  the  said  ,  as  clerk,  in  the  store  of  the  said 

(or  otherwise),  at   ,  for  the  period  of   from 

and  after  the   day  of   next,  for  the  sum  of   

dollars  per  In  consideration  of  which  service  so  to  be  per- 
formed, the  said   agrees  to  pay  the  said   the  sum  of 

per  month  (payable  as  follows:    on  the   day 

of ,  and on  the day  of  each  month  following, 

during  said  term,  and  at  the  expiration  thereof,  the  balance  of  such 
sum  as  has  not  then  been  already  paid). 

And  it  is  understood  and  agreed  that  the  death  of  either  of  them 
occurring  prior  to  the  expiration  of  said  term  of  ,  shall  ter- 
minate this  agreement. 

In  witness  (etc.,  as  above). 

No.  109.      CONTRACT  FOR  SALE  OF  REAL  ESTATE. 

Chicago,    ,   189 .  . 

Received    of    ,    dollars,    as   part   payment   towards   the 


FOKMS.  311 

purchase  of  the  following  described  real  estate:  

which  is  hereby  bargained  and  sold  to  the  said   for  the  sum  of 

dollars, dollars  more  to  be  paid  on  the  delivery  of  a  good 

and  sufficient  warranty  deed  of  conveyance  for  the  same  within 

days  from  this  date,  or  as  much  sooner  thereafter  as  the  deed  is  ready 
for  delivery,  after  the  title  has  been  examined   and  found  good,  and 

the  balance  to  be  paid  as  follows:   

To  be  secured   by  trust  deed  or  mortgage  on  the  property  above   de- 
scribed.    Should   the  title   to  the   property  not  prove  good,   then   this 

$ to  be  refunded.     But  should  the  said fail  to  perform  this 

contract  on  his  part  promptly  at  the  time  and  in  the  manner  above 
specified   (time  being  of  the  essence  of  this  contract),  then  the  above 

dollars  shall  be  forfeited  by   as  liquidated  damages,  and 

the  above  contract  shall  be  and  become  null  and  void. 

(Seal.) 

'. (Seal.) 

No.    110.      WAERANTY   DEED— BY   CORPORATION.— LONG   FORM. 

This  indenture,  made  this   day  of   ,  in  the  year  of  our 

Lord  one  thousand  eight  hundred  and  ,  between  ,  a  cor- 
poration created  and  existing  under  and  by  virtue  of  the  laws  of  the 

State  of and  doing  business  in  the  State  of ,  party  of  the 

first  part,  and ,  a  corporation  created  and  existing  under  and  hy 

virtue  of  the  laws  of  the  State  of ,  having  its  principal  office  in 

the of and  State  of ,  party  of  the  second  part. 

Witnesseth,  that  the  said  party  of  the  first  part,  for  and  in  con- 
sideration of  the  sum  of  dollars  in  hand  paid  by  the  said  party 

of  the  second  part,  the  receipt  whereof  is  hereby  acknowledged,  and 
the  said  party  of  the  second  part  forever  released  and  discharged 
therefrom  has  granted,  bargained,  sold,  remised,  released,  conveyed, 
aliened  and  confirmed,  and  by  these  presents  does  grant,  bargain,  sell, 
remise,  release,  convey,  alien  and  confirm,  unto  the  said  party  of  the 
second  part,  and  to  its  successors  and  assigns  forever,  all  the  following 

described  lot..,  piece..,  or  parcel.,    of  land,  situated  in  the    of 

,  County  of ,  and  State  of ,  and  known  and  described 

as  follows,  to  wit :   

Together  with  all  and  singular  the  hereditaments  and  appurten- 
ances thereunto  belonging,  or  in  anywise  appertaining,  and  the  re- 
version and  reversions,  remainder  and  remainders,  rents,  issues  and 
profits  thereof;  and  all  the  estate,  right,  title,  interest,  claim  or  demand 
whatsoever,  of  the  said  party  of  the  first  part,  either  in  law  or 
equity,  of,  in  and  to  the  above  bargained  premises,  with  the  heredita- 
ments and  appurtenances:  To  have  and  to  hold  the  said  premises 
above  bargained  and  described,  with  the  appurtenances,  unto  the  said 
party  of  the  second  part,  its  successors  and  assigns,  forever. 

And  the  said  ,  party  of  the  first  part,  for  itself  and  its  suc- 
cessors, does  covenant,  grant,  bargain  and  agree,  to  and  with  the  said 
party  of  the  second  part,  its  successors  and  assigns,  that  at  the  time 
of  the  ensealing  and  delivery  of  these  presents,  it  is  well  seized  of  the 


312  NOTARIES  PUBLIC. 

premises  above  conveyed,  as  of  a  good,  sure,  perfect,  absolute  and  inde- 
feasible estate  of  inheritance  in  law,  in  fee  simple,  and  has  good  right, 
full  power,  and  lawful  authority  to  grant,  bargain,  sell  and  convey 
the  same  in  manner  and  form  aforesaid,  and  that  the  same  are  free 
and  clear  from  all  former  and  other  grants,  bargains,  sales,  liens,  taxes, 
assessments  and  encumbrances,  of  what  kind  or  nature  soever;  and 
the  above  bargained  premises,  in  the  quiet  and  peaceable  possession  of 
the  said  party  of  the  second  part,  its  successors  and  assigns,  against 
all  and  every  other  person  or  persons  lawfully  claiming  or  +o  claim 
the  whole  or  any  part  thereof,  the  said  party  of  the  first  part  shall  and 
will  warrant  and  forever  defend 

This  deed  is  executed  pursuant  to  authority  given  by  the  board  of 
of  said  company. 

In  testimony  whereof,  the  said company  hath  hereunto  caused 

its  corporate  seal  to  be  affixed,  and  these  presents  to  be  signed  by  its 

president,   and   attested   by   its    secretary,   the    day   and 

year  first  above  written.  

By ,  President. 

Attest:   ,  Secretary. 

Signed,  sealed  and  delivered  in  presence  of 


y  ss. 


State  of  .... 
County  of   .  . 

I,   ,  in  and  for  said  county,  in  the  State  aforesaid,  do  hereby 

certify  that ,  personally  known  to  me  to  be  the president  of 

the company,  and personally  known  to  me  to  be  the 

secretary   of   said   company,   whose   names   are   subscribed    to   the   fore- 
going instrument,  appeared  before  me  this  day  in  person  and  severally 

acknowledged  that  as  such   president  and   secretary,  they 

signed  and  delivered  the  said  instrument  of  writing  as president 

and    secretary   of   said   company,   and   caused   the   corporate   seal 

of  said  company  to  be  affixed  thereto,  pursuant  to  authority  given  by 

the  board  of   of  said  company  as  their  free  and  voluntary  act, 

and  as  the  free  and  voluntary  act  and  deed  of  said  company,  for  the 
uses  and  purposes  therein  set  forth. 

Given  under  my  hand   and    seal  this    day  of    , 

A.  D.  18.. 


No.  111.    QUIT-CLAIM  DEED.— LONG  FORM. 

This  indenture,  made  this   day  of   ,  in  the  year  of  our 

Lord  one  thousand  eight  hundred  and  ninety ,  between ,  of 

the ,  in  the  County  of ,  and  State  of ,  party  of  the  first 

part,  and   ,  of  the   ,  in  the  County  of   ,  and  State  of 

,  party  of  the  second  part: 

Witnesseth,  that  the  said  party  of  the  first  part,  for  and  in  con- 
sideration   of   the    sum    of    dollars,    in    hand    paid    by    the    said 


FORMS.  313 

party  of  the  second  part,  the  receipt  whereof  is  hereby  acknowledged, 
and  the  said  party  of  the  second  part  forever  released  and  discharged 
therefrom,  ha.  .  remised,  released,  sold,  conveyed,  and  quit-claimed, 
and  by  these  presents  do.  .  remise,  release,  sell,  convey,  and  quit- 
claim, unto  the  said  party  of  the  second  part,   heirs,  and  assigns, 

forever,  all  the  right,  title,  interest,  claim,  and  demand,  which  said 
party   of   the   first   part   ha.,    in   and   to   the   following   described   lot.., 

piece..,   or   parcel.,    of   land,   situated    in   the    County    of    ,    and 

State  of ,  and  known  and  described  as  follows,  to  wit: 

To  have  and  to  hold  the  same,  together  with  all  and  singular  the 
appurtenances  and  privileges  thereunto  belonging,  or  in  anywise  there- 
unto appertaining;  and  all  the  estate,  right,  title,  interest,  and  claim 
whatever,  of  the  said  party  of  the  first  part,  either  in  law  or  equity, 
to  the  only  proper  use,  benefit  and  behoof  of  the  said  party  of  the 
second  part, heirs,  and  assigns,  forever. 

And  the  said  party  of  the  first  part  hereby  expressly  waive.  .  and  re- 
lease. .  any  and  all  right,  benefit,  privilege,  advantage,  and  exemption, 
under  or  by  virtue  of  any  and  all  statutes  of  the  State  of  Illinois, 
providing  for  the  exemption  of  homesteads  from  sale  on  execution  or 
otherwise. 

In  witness  whereof,  the  said  party  of  the  first  part   hereunto 

set hand.  .   and  seal.  .  the  day  and  year  first  above  written. 

(Seal.) 

(Seal.) 

A.  D.  189..  

Signed,  sealed,  and  delivered,  in  the  presence  of 


County  of   ) 

State  of ) 

I,   ,  in  and  for  the  the  said  county,  in  the  State  aforesaid,  do 

hereby   certify,   that    ,   personally   known   to   me   to   be   the   same 

person.,    whose  name subscribed  to  the  foregoing  instrument 

appeared  before  me  this  day  in  person,  and  acknowledged  that    .  .he.  . 

signed,   sealed,   and   delivered   the   said   instrument   as    free   and 

voluntary   act,   for   the   uses   and   purposes   therein   set   forth,   including 
the  release  and  waiver  of  the  right  of  homestead. 

Given  under  my  hand   and    seal,  this    day   of    , 

A.  D.  189.. 

No.    112.      WARRANTY   DEED.— JOINT   TENANCY   FOR    ILLINOIS. 

This  Indenture,  made  this    day  of    ,  190....,  between 

of  the    in  the  County  of    and 

State  of   part.  ...   of  the  first  part,  and    

of  the in  the  County  of and  State  of parties 

of  the  second  part: 

Witnesseth,  that  the  part.  ...  of  the  first  part,  for  and  in  considera- 
tion  of   the   sum  of    Dollars,   in   hanl    paid,   convey    ....    and 

warrant    ....    to  the  said  parties  of  the  second  part,  not  as  tenants  in 


314 


NOTARIES  PUBLIC. 


common,  but  as  joint  tenants,  the  folowing  described  Real  Estate,  to  wit: 

situated   in    the 

County  of  Cook,  in  the  State  of  Illinois,  hereby  releasing 

and  waiving  all  rights  under  and  by  virtue  of  the  Homestead  Exemption 
Laws  of  the  State  of  Illinois. 

To  have  and  to  hold  the  above  granted  premises  unto  the  said  parties 
of  the  second  part  forever,  not  in  tenancy  in  common,  but  in  joint 
tenancy. 

In  witness  whereof,  the  said  part....  of  the  first  part  ha....  here- 
unto set   hand.  .  .  .   and  seal.  . .  .    the  day  and  year  'first  above 

written. 

(Seal.) 

(Seal.) 

No.  113.     MORTGAGEE'S  DEED. 

This  indenture,  made  this   day  of   ,  in  the  year  of  our 

Lord,   one  thousand   eight  hundred   and   ninety    ,  between    

of  the ,  in  the  County  of ,  and  State  of ,  party  of  the 

first  part,  and ,  of  the ,  in  the  County  of ,  and  State 

of  ,  party  of  the  second  part: 

Witnesseth   that,  whereas,    of  the    in  the   County   of 

f  and  State  of ,  by  a  certain  indenture  of  mortgage,  dated 

the day  of ,  A.  D.  18.  .,  did  bargain,  sell,  and  convey  unto 

t    heirs   and   assigns  forever,   all   the   premises   hereinafter 

described,  to  secure  the  payment  of  the  sum  of  dollars  and  in- 
terest, according  to  the  conditions  of ,  certain ,  bearing  date 

on  the    A.   D.    18..,    

which  said  mortgage  was  afterwards  on  the day  of ,  A.  D. 

18..,  at  o'clock  in  the  noon,  duly  recorded  in  the  re- 
corder's office  of  Cook  County,  in  the  State  of  Illinois,  in  Book 

of  mortgages,  on  pages   

And  whereas,  the  said  mortgage  contained  a  power  of  sale,  among 
other  things,  authorizing  and  empowering  the  said  party  of  the  second 
part  in  said  mortgage,  heirs,  executors,  administrators,  attor- 
neys or  assigns,  if  default  should  be  made  in  the  payment  of  the  said 

in  said  mortgage  mentioned,  or  any  part  thereof,  or  the  interest 

thereon,  or  any  part  thereof,  according  to  the  tenor  and  effect  of  said 

or  in  case  of  waste,  or  non-payment  of  taxes  or  assessments,  or 

neglect  to  procure  or  renew  insurance,  or  in  ease  of  the  breach  of  any  of 
the  covenants  or  agreements  in  said  mortgage  contained,  after  publish- 
ing a  notice  in  the  Chicago  Legal  News  or  in  any  newspaper  published 

in  the  City  of  Chicago,  in  said  Cook  County,  for successive  weeks 

before  the  day  of  such  sale,  to  sell  the  said  mortgaged  premises  or 
any  part  thereof  at  public  auction  to  the  highest  bidder  for  cash,  and 
to  make,  execute  and  deliver  to  the  purchaser  or  purchasers  thereof 
good  and  sufficient  deed  or  deeds  of  conveyance  in  the  law  for  the  same 


And   whereas,   also,   default   having  been   made   in   the   payment   of 
. . .  .,  and  whereas,  in  pursuance  of  said  power  of  sale  in  said  mortgage 


FORMS.  315 

contained  and  above  recited,  and  of  the  statute  in  such  case  made  and 

provided, ,  the  undersigned, ,  party  of  the  first  part,  on  the 

day  of ,  A.  D.  189.  .,  caused  due  notice  to  be  published  in 

the   Chicago   Legal   News,   a    newspaper   published   in   the   said   City   of 

Chicago,  that  said  premises  hereinafter  described  would,  on  the    

day  of ,  A.  D.  189.  .,  at  the  hour  of o'clock  in  the 

noon  of  said  day,  be  sold  at  public  auction,  at  the ,  in  said  County 

of   Cook,   to  the   highest  bidder  for   cash,   by  virtue   of   the   power   and 

authority  in vested  by  said  mortgage;    which  said  notice  was  duly 

published  weekly  for successive  weeks  in  the  said  Chicago  Legal 

News,  and  that  the  date  of  the  first  paper  containing  the  same  was  the 

day  of   ,  A.  D.  189.  .,  and  of  the  last  the    day  of 

,  A.  D.  189.. 

And  whereas,  also,  the  said  premises  having  been  by  the  said  party 

of  the  first  part,  on  the    day  of    ,  A.  D.   189.  .,  at    

o'clock  in  the noon  of  said  day,  in  the  manner  prescribed  in  and 

by  said  mortgage,  and  at  the  place  last  aforesaid,  in  pursuance  of  said 
notice,  offered  for  sale  at  public  auction,  to  the  highest  bidder,  for 
cash,  and   the   said   party   of  the   second   part   having  been   the   highest 

bidder  therefor,  and  having  bid  for  the  tract hereinafter  named, 

the  sum  of   dollars,   duly  declared  the  purchaser  thereof. 


Now,  therefore,  this  indenture  witnesseth,  that  the  said  party  of  the 
first  part,  by  virtue  of  the  authority  in  vested  by  said  mort- 
gage as  aforesaid,  and  of  the  statute  in  such  case  made  and  provided, 

for  and  in  consideration  of  the  sum  so  bid  as  aforesaid,  to    in 

hand  paid  by  the  said  party  of  the  second  part,  the  receipt  whereof  is 
hereby  acknowledged,  ha.  .  sold,  conveyed,  aliened,  remised,  released, 
and  confirmed,  and  by  these  preseats  do.,  sell,  convey,  alien,  remise, 
release,   and   confirm   unto   the   said    party   of   the   second   part,   and   to 

heirs    and    assigns    forever,    all    the    following    described    lot.., 

piece.  .,  or  parcel.  .    of  land,  situate  in  the  County  of  Cook,  and  State 

of  Illinois,  known  and  described  as  follows,  to  wit:    

Together  with  all  and  singular  the  tenements,  hereditaments,  and  ap- 
purtenances thereunto  belonging,  as  the  same  are  described  and  con- 
veyed in  and  by  the  said  mortgage;  and  also  all  the  estate,  right,  title, 
interest,    property,    claim,    and    demand    whatsoever,    both    in    law    and 

equity,  of  the  said ,  as  well  as  of  the  said  party  of  the  first  part, 

of,  in  and  to  the  above  described  premises,  with  the  appurtenances,  as 
fully,  to  all  intents  and  purposes,  as  the  said  party  of  the  first  part 
hath  power  and  authority  to  grant,  sell,  and  convey  the  same  by  virtue 
of  the  said  mortgage  and  of  the  statute  in  such  case  made  and  provided, 
to  have  and  to  hold  the  said  above  granted  premises,  with  their  ap- 
purtenances, and  every  part  thereof,  unto  the  said  party  of  the  second 
part,   heirs  and  assigns,   forever. 

In  witness  whereof,  the  said  party  of  the  first  part  has  hereunto  set 
hand. .  and  seal.  .,  the  day  and  year  first  above  written. 

(Seal.) 

(Seal.) 


316  NOTARIES  PUBLIC. 

No.  114.  RELEASE  DEED. 

Know   all    men   by   these    presents,   that    ,    of   the    County   of 

,   and   State   of    ,   for   and   in   consideration   of   one   dollar, 

and   for    other   good    and    valuable   considerations,   the   receipt    whereof 
is  hereby  confessed,   do  hereby  remise,  convey,   release   and   quit-claim, 

unto ,  of  the  County  of ,  and  State  of ,  all  the  right, 

title,  interest,  claim,  or  demand  whatsoever   may  have  acquired 

in,  through,  or  by  a  certain  trust  deed,  bearing  date  the   day  of 

,   A.    D.    189..,   and   recorded   in   the   recorder's   office    of    

County,  in  the  State  of ,  in  Book of ,  page ,  to 

the  premises  therein   described,  as  follows,   to  wit:    

Together  with  all  the  appurtenances  and  privileges  thereunto  belonging 
or  appertaining. 

Witness hand.  .   and  seal.  .,  this   day  of   ,  A.  D. 

189..  (S3al.) 

(Seal.) 

State  of ,      ) 

County.        ) 

I,    ,   in   and   for   the   said   county,   in   the   State   aforesaid,    do 

hereby   certify,   that    ,   personally   known   to   me   to  be   the   same 

person.,   whose  name subscribed  to  the  foregoing  instrument, 

appeared  before  me  this  day  in  person,  and  acknowledged,  that   ..he.. 

signed,   sealed,   and   delivered   the   said    instrument   as    free   and 

voluntary  act,  for  the  uses  and  purposes  therein  set  forth. 

Given  under  my   hand   and    seal,  this    day  of    , 

A.  D.  189..  


No.  115.     (Indiana.)     WARRANTY  DEED. 

A.  B.  conveys  and  warrants  to  C.  D.  (describe  premises)  for  the  sum 

of this day  of 

Signed (Seal.) 

( Acknowledgment. ) 

No.  116.     (Indiana.)     QUIT-CLAIM  DEED. 

A.   B.   quit-claims  to  C.   D.    (describe  the   premises)    for  the   sum   of 
,  same  to  be  signed,  sealed  and  acknowledged. 


No.  117.     (Indian  Territory.)     WARRANTY  DEED. 

Know  all  men  by  these  presents,  that  I,  A.  B.,  of ,  So.  District 

of   ,  in  consideration  of    dollars,  to  me  paid  by  C.  D.,  of 

,  Southern  District  of  the  Indian  Territory,  the  receipt  whereof 

is  hereby  acknowledged,  do  hereby  give,  grant,  bargain,  sell  and  convey 
unto  the  said  C.  D.  and  his  heirs  a  certain  tract  or  parcel  of  land  situate 

in aforesaid,  bounded  and  described  as  follows:   

with  all  the  privileges  and  appurtenances  thereunto  belonging. 


FORMS.  317 

To  have  and  to  hold  the  above  granted  premises  to  the  said  C.  D.  and 
his  heirs,  in  fee  simple,  forever;  and  I,  the  said  A.  B.,  for  myself  and  my 
heirs,  executors  and  administrators,  do  covenant  with  the  said  C.  D. 
and  his  heirs  and  assigns,  that  I  am  lawfully  seized  in  fee  of  the  afore- 
granted  premises,  and  that  they  are  free  from  all  incumbrances;  that 
I  have  good  right  to  sell  and  convey  the  same  to  the  said  C.  D.  aa 
aforesaid,  and  that  I  will,  and  my  heirs,  executors  and  administrators 
shall,  warrant  and  defend  the  same  to  the  said  C.  D.  and  his  heirs  and 
assigns  forever  against  the  lawful  claims  and  demands  of  all  persons 
and  for  the  consideration  aforesaid,  and  for  divers  other  good  and 
valuable  considerations,  I,  H.  B.,  wife  of  the  said  A.  B.,  do  hereby 
release  and  quit-claim  unto  the  said  C.  D.,  his  heirs  and  assigns,  all 
my  right,  claim  or  possibility  of  dower  in  or  out  of  the  afore-described 
premises.  In  witness  whereof,  we,  the  said  A.  B.  and  H.  B.,  have  here- 
unto set  our  hands  this   day  of   

No.   118.      (Iowa.)      QUIT-CLAIM  DEED. 

For  the  consideration  of dollars,  I  hereby  quit-claim  to  A.  B. 

all  my  interest  in  the  following  tract  of  real  estate  (describe  it). 

No.  119.     (Iowa.)     WARRANTY  DEED. 

For  the   consideration   of    dollars,   I   hereby   convey   to   A.   B. 

the  following  tract  of  real  estate  (describe  it),  and  I  warrant  the  title 
against  all  persons  whomsoever  (or  other  words  of  warranty  as  may  be 
desired). 

No.  119A.     (Iowa.)   DEED  WITHOUT  WARRANTY. 

For   the   consideration   of    dollars,   I   hereby   convey  to   A.   B. 

the  following  tract  of  real  estate   (describe  it). 

No.  120.     (Kansas.)     WARRANTY  DEED. 

A.  B.  conveys  and  warrants  to  C.  D.  (here  describe  premises)  for  the 

sum  of   

Same  to  be  dated,  signed  and  acknowledged  by  the  grantor. 

No.  121.     QUIT  CLAIM  DEED. 

A.  B.  quit  claims  (describe  the  premises)  for  the  sum  of 

Same  to  be  dated,  signed  and  acknowledged  by  the  grantor. 

The  word  "heirs"  and  other  terms  of  inheritance  are  not  necessary. 

No.  122.     (Maryland.)     DEED. 

This  deed,  made  this day  of in  the  year ,  by  me 

(name  of  grantor),  witnesseth,  that  in  consideration  of  (consideration), 

I,  the  said  ,  do  grant  unto  (name  of  grantee),  all  that  (describe 

property). 

Witness  my  hand  and  seal. 

Test.,   


318  NOTARIES  PUBLIC. 

No.  123.    MARRIED  WOMAN  A  PARTY. 

This  deed,  made  this day  of ,  in  the  year ,  by  us, 

and ,  his  wife,  witnesseth,  that  in  consideration  of , 

we,  the  said and  his  wife,  do  grant  unto 

Witness  our  hands  and  seals. 

Test.,    (Seal.) 

No.  124.     (Minnesota.)     QUIT-CLAIM  DEED. 

The  grantor  (insert  names  and  residence)  for  the  consideration  of 
(insert  consideration)  conveys  and  quit-claims  to  (insert  names  of 
grantees)  all  interest  in  the  following  described  real  estate  (insert  de- 
scription), situate  in  the  County  of   ,  in  the  State  of  Minnesota. 

Dated  this   day  of   ,  A.  D 

Acknowledgment  of  notary  follows. 

No.  125.     (Minnesota.)      WARRANTY  DEED. 

The  grantor  (insert  names  and  residence),  for  and  in  consideration 
of  (here  insert  consideration)  in  hand  paid,  conveys  and  warrants  to 
(name  of  grantee)  the  following  described  real  estate  (insert  descrip- 
tion), situate  in  the  County  of ,  in  the  State  of  Minnesota. 

Dated  this day  of   ,  A.  D 

State  of  Minnesota,  ) 
County  of ' 

On  this   day  of   before  me  personalty  appeared  A.  B., 

to  me  known  to  be  the  person  (or  persons)  described  in  and  who  executed 
the  foregoing  instrument,  and  acknowledged  that  ..he.,  executed  the 
same  as free  act  and  deed. 


Notary  Public. 
Every  deed  in  substance  in  the  above  form  conveys  and  warrants  in 
fee  simple. 

No.  125A.     (Mississippi.)     DEED. 


I 


State  of  ...  . 
County  of   . . 

In  consideration  of ,  I  convey  and  warrant  to   the  land 

described   

Witness  my  signature,  the day  of   ,  A.  D 

If  only  a  special  warranty  is  intended,  add  the  word  "specialty"  to 
the  word  warrant  in  the  conveyance. 

No.  126.     (North  Dakota.)     GRANT  OF  LAND. 

This   grant,   made   the    day    of    in   the   year    , 

between  A.  B.,  of  ,  of  the  first  part,  and  C.  D.,  of ,  of  the 

second  part,  witnesseth:     That  the  party  of  the  first  part  hereby  grants 
to  the  party  of  the  second  part,  in  consideration  of dollars,  now 


FORMS.  319 

received,    all    the    real    property    situated    in    and    bounded    (or 

described)    as   follows:    

Witness  the  hand  of  the  party  of  the  first  part. 


If  not  acknowledged  must  be  attested  by  one  witness. 
No.  127.     (Oklahoma.)     WARRANTY  DEED. 

Know  all  men  by  these  presents: 

That    ,   part.,    of   the   first  part,   in   consideration   of   the   sum 

of dollars,  in  hand  paid,  the  receipt  of  which  is  hereby  acknowl- 
edged, do  hereby  grant,  bargain,  sell  and  convey  unto  the  fol- 
lowing described  real  property,  and  premises,  situate  in   County, 

Territory   of   Oklahoma,   to   wit :    

together  with  all  the  improvements  thereon  and  the  appurtenances  there- 
unto belonging,  and  warrant  the  title  to  the  same  to  have  and  to  hold 

said  described  premises  unto  the  said  party  of  the  second  part,   , 

heirs  and  assigns  forever,  free,  clear  and  discharged  of  and  from  all 
former  grants,  charges,  taxes,  judgments,  mortgages  and  other  liens  and 
encumbrances  of  whatsoever  nature. 

Signed  and  delivered  this day  of 

A  Quit  Claim  is  substantialy  the  same,  only  inserting  ' '  Quit  Claim ' ' 
before  the  words  grant,  bargain,  etc.,  and  omitting  "and  warrant  the 
title  to  same." 

No.  128.     (South  Carolina.)     CONVEYANCE. 

The  State  of  South  Carolina. 

Know   all   men   by  these   presents,   that   I,   A.   B.,   of    ,   in   the 

State  aforesaid,  have  granted,  bargained,  sold  and  released,  and  by  these 
presents  to  grant,  bargain,  sell  and  release,  unto  the  said  C.  D.  all  that 

( describe),  together  with  all  and   singular  the  rights,   members, 

hereditaments  and  appurtenances  to  the  said  premises  belonging,  or  in 
any  wise  incident  or  appertaining,  to  have  and  to  hold  all  and  singular 
the  premises  before  mentioned,  unto  the  said  C.  D.,  his  heirs  and  assigns, 
forever,  and  I  do  hereby  bind  myself,  my  heirs,  executors  and  adminis- 
trators to  warrant  and  forever  defend  all  and  singular  the  said  premises 
unto  the  said  C.  D.,  his  heirs  and  assigns,  against  myself  and  my  heirs, 
and  against  any  person  whomsoever  lawfully  claiming  or  to  claim  the 
same,  or  any  part  thereof. 

Witness  my  hand  and  seal,  this day  of  in  the  year  of 

our  Lord    ,  and  in  the  year  of  the  independence  of  the  United 

States  of  America    

L.  S. 

The  above  executed  in  the  presence  of  two  or  more  credible  witnesses, 
and  certified  to  by  the  County  Auditor,  will  entitle  it  to  record. 

No.  129.     (Tennessee.)     DEED  OF  WARRANTY. 

I  hereby  convey  to  A.  B.  the  following  tract  of  land  ( de- 
scribe it)  and  I  warrant  the  title  against  all  persons  whatsoever. 


320  NOTARIES  PUBLIC. 

No.  130.     SPECIAL  WARRANTY  DEED. 

Add  "I  covenant  that  I  am  seized  and  possessed  of  the  said  land,  and 
have  a  right  to  convey  it,  and  I  warrant  the  title  against  all  persons 
claiming  under  me. 

No.   131.      QUIT   CLAIM. 
I  hereby  convey  to  A.  B.  all  my  interest  in  the  following  land. 
No.  132.      (Utah.)     QUIT-CLAIM  DEED. 

A.  B.,  grantor  (here  insert  names  and  residence),  hereby  quit  claims 

to  C.  D.,  grantee  (here  insert  names  and  residence),  for  the  sum  of 

dollars,  the  following  described  tract  of  land,  in    County,  Utah 

(here  describe  the  premises). 

Witness  the  hand  of  said  grantor  this day  of ,  A.  D 

No.   133.      (Utah.)      WARRANTY  DEED. 

A.  B.,  grantor,  hereby  conveys  and  warrants  to  C.  D.,  grantee,  for 

the  sum  of dollars,  the  following  described  tract  of  land  in 

County,  Utah   (here  describe  the  premises). 

Witness  the  hand  of  said  grantor  this day  of ,  A.  D 

No.  134.     (West  Virginia.)     DEED. 

This  deed,  made  the  day  of  ,  in  the  year  ,  be- 
tween (parties  names),  witnesseth:     That  in  consideration  of the 

said doth  grant  unto  the  said  all  (describe  premises  and 

covenants).     Witness  the  following  signature  and  seal. 

No.  136.      (Wisconsin.)     WARRANTY  DEED. 

A.   B.,   grantor,    of    County,  Wisconsin,   hereby   conveys   and 

warrants  to  C.  D.,  grantee,  of    County,   Wisconsin,  for  the  sum 

of    dollars,  the  following  tract  of  land  in    County   (here 

describe  premises). 

Witness  the  hand  and  seal  of  said  grantor  this day  of , 

19.. 

In  the  presence  of 

(Seal.) 

(Seal.) 

No.  137.     (Wisconsin.)     QUIT-CLAIM  DEED. 

A.  B.,  grantor,  of   County,  Wisconsin,  hereby  quit  claims  to 

C.   D.,   grantee,   of    County,  Wisconsin,    for   the   sum   of    

dollars,  the  following  tract  of  land  in County  (here  describe  the 

premises). 


FORMS.  321 

"Witness  the  hand  and  seal  of  said  grantor  this day  of , 

19.. 

In  the  presence  of 

(Seal.) 

(Seal.) 

The  above,  when  acknowledged,  conveys  fee  simple. 

No.  138.     TRUST  DEED. 

This  Indenture  witnesseth  that  the  grantor,    ,  of  the    

in  the  County  of  and  State  of  ,  for  and  in  consideration 

of  the  sum  of    dollars  in  hand  paid,  conveys  and  warrants  to 

of  the County  of and  State  of  the  follow- 
ing described  real  estate,  to  wit: 

situated  in  the  County  of ,  in  the  State  of  ,  hereby  releas- 
ing   and    waiving    all    rights    under    and    by    virtue    of    the    Homestead 

Execution  laws  of  the  State  of ,  and  all  right  to  retain  possession 

of  said  premises  after  any  default  in  payments  or  of  a  breach  of  any  of 
the  covenants  or  agreements  herein  contained  in  trust,  nevertheless,  for 
the  purposes. 

Whereas,  the  said ,  grantor  herein, justly  indebted  upon 

promissory  note  bearing  even  date  herewith,  payable  to  the  order 

of    Now,    if   default   be    made   in   the    payment     of    the     said 

promissory  note  or  any  part  thereof,  or  the  interest  thereon,  or  any  part 
thereof,  at  the  time  and  in  the  above  manner  specified  for  the  payment 
thereof,  or  in  case  of  waste,  or  non-payment  of  taxes,  or  assessments  on 
said  premises,  or  of  a  breach  of  any  of  the  covenants  or  agreements 
herein  contained,  then  in  such  case  the  whole  of  said  principal  sum 
secured  by  the  said  promissory  note  shall  thereupon,  at  the  option  of 
the  legal  holder  or  holders  thereof,  become  immediately  due  and  payable, 
and,  on  the  application  of  the  legal  holder  of  said  promissory  note,  or 
either  of  them,  it  shall  be  lawful  for  the  said  grantee,  or  his  successor 
in  trust,  to  enter  into  and  upon  and  take  possession  of  the  premises 
hereby  granted,  or  any  part  thereof,  and  to  collect  and  receive  all  rents, 
issues  and  profits  thereof;  and  in  his  own  name  or  otherwise,  to  file  a 
bill  or  bills  in  any  court  having  jurisdiction  thereof  against  the   said 

party  of  the  first  part, heirs,  executors,  administrators  or  assigns, 

to  obtain  a  decree  for  the  sale  and  conveyance  of  the  whole  or  any  part 
of  said  premises  for  the  purposes  herein  specified,  by  said  party  of  the 
second  part,  as  such  trustee  or  as  special  commissioner,  or  otherwise, 
under  order  of  court,  and  out  of  the  proceeds  of  any  such  sale  to  first 
pay  the  costs  of  any  such  suit,  all  costs  of  advertising,  sale  and  convey- 
ance, including  the  reasonable  fees  and  commissions  of  said  party  of  the 
second  part,  or  person  who  may  be  appointed  to  execute  this  trust,  and 
dollars  attorney's  and  solicitor's  fees,  and  also  all  other  ex- 
penses of  this  trust,  including  all  moneys  advanced  for  insurance,  taxes 
and  other  liens  or  assessments,  with  interest  thereon  at  seven  per  cent, 
per  annum,  then  to  pay  the  principal  of  said  note,  whether  due  and 
payable  by  the  terms  thereof  or  the  option  of  the  legal  holder  thereof, 
and  interest  due  on  said  note  up  to  the  time  of  such  sale,  rendering  the 
21 


322  NOTAEIES  PUBLIC. 

overplus,  if  any,  unto  the  said  party  of  the  first  part,  legal  rep- 
resentatives or  assigns,  on  reasonable  request,  and  to  pay  any  rents  that 
may  be  collected  after  such  sale  and  before  the  time  of  redemption 
expires,  to  the  purchaser  or  purchasers  of  such  sale  or  sales,  and  it  shall 
not  be  the  duty  to  the  purchaser  to  see  to  the  application  of  the  purchase 
money. 

When  the  said  note  and  all  expenses  accruing  under  this  Trust  Deed 
shall  be  fully  paid,  the  said  grantee  or  his  successor,  or  legal  representa- 
tives, shall  reconvey  all  of  said  premises  remaining  unsold  to  the  said 

grantor  or heirs  or  assigns,  upon  receiving  his  reasonable  charges 

therefor.   In  case   of  the   death,  resignation,  removal   from   said    

County,  or  other  inability,  to  act  of  said  grantee,  then   of  said 

is  hereby  appointed  and  made  successor  in  trust  herein  with  like 

power  and  authority,  as  is  hereby  vested  in  said  grantee.  It  is  agreed 
that  said  grantor  shall  pay  all  costs  and  attorney's  fees  incurred  or 
paid  by  said  grantee  or  the  holder  or  holders  of  said  note  in  any  suit 
in  which  either  of  them  may  be  plaintiff  or  defendant,  by  reason  of  being 
a  party  to  this  Trust  Deed,  or  a  holder  of  said  note,  and  that  the  same 
shall  be  a  lien  in  said  premises,  and  may  be  decreed  in  any  decree  order- 
ing the  sale  of  said  premises  and  taken  out  of  the  proceeds  of  any  sale 
thereof. 

Witness  the  hand  and   seal  of  the  said  grantor  this    day  of 

,  A.  D.  19.  . 

(Acknowledgment  follows.) 

No.  138A.     DEPOSITION  OF  RESIDENT  WITNESS. 

The  deposition  of of  the  County  of and  State 

of    witness....    of  lawful  age,  produced,  sworn  and   examined 

on    corporal    oath,    on    the    day    of    A.    D. 

190.  . .  .,  at in  the in  the  County  of and 

State  of   by  me   a   within  and  for  said 

in  pursuance  of  the hereto  annexed,  for  the  examina- 
tion of  the   said  witness.  ...   to  be  read   in   evidence   on  behalf   of  the 

on  the  trial  of  a  certain  suit  now  pending  and  undetermined 

in  the   Court  of  the   wherein   plaintiff.  .   and 

defendant . . 

The  said    being  first  by  me   duly  sworn,   according  to  law, 

previous  to  the  commencement  of  his  examination,  to  testify  the  truth, 
the  whole  truth,  and  nothing  but  the  truth,  as  well  on  the  part  of  the 
plaintiff.,  as  of  the  defendant.,  in  relation  to  the  matters  in  contro- 
versy between  the  said  parties,  so  far  as  .  .he  should  be  interrogated 
thereto,  on  oath,  testified  as  follows: 
State  of  Illinois, 
County,       I  ss. 


I,   a   within  and  for  the  said   do  hereby 

certify   that   in   pursuance   of   the   annexed    I   caused   the   said 

the  witness.  .  named  in  the  said   and  whose  name   .... 

subscribed   to   the   foregoing   deposition..,  to   appear  before   me   on   the 


FORMS.  323 

day  of    190....,  as  in  said    specified;    that 

previous  to  the  commencement  of  the  examination  of  the  said 

..he  ..w....  sworn  by  me  according  to  law,  to  testify  the  truth,  the 
whole  truth,  and  nothing  but  the  truth,  relative  to  the  matters  in  con- 
troversy in  the  said  cause  now  pending  and  undetermined  in  the 

Court  of   between   plaintiff,  and    defendant, 

so  far  as   .  .he.  .   should  be  interrogated  concerning  the  same;   that  the 

said  deposition.  .   w.  .  .  .   taken  at   in  the  said    on  the 

day  of    190....,  between  the   hours  of    ....    o'clock 

a.  m.  and  ....  o'clock  p.  m.  of  said  day,  and  was  reduced  to  writing 
by  me,  who  am  neither  of  the  parties  in  said  suit,  nor  the  attorney  of 
either,  nor  interested  in  the  event  of  the  same;  that  after  said  deposi- 
tion. .  w.  .  .  .  taken  by  me  as  aforesaid,  the  interrogatories  and  the 
answers   thereto   of   each   witness,   as   written   down,  were   read   over   to 

and  that  thereupon  the  same  were   signed  and  sworn 

to  by  the    before  me,  at  the  place  and  on  the   day  and   year 

aforesaid,  and  that the  plaintiff present and 

that  the  defendant   

In  witness  whereof,  I  have  hereunto  affixed  my  hand  and    

seal,  this day  of ,  190 .... 


No.  139.    DEPOSITION  TAKEN  BEFORE  NOTARY  BY  AGREEMENT 

OR   NOTICE. 

In  the Court  of  County. 

Of Term,  A.  D.  189 .  . 


:."  f 


State  of 
County 

Be  it  remembered,  that  on  this   day  of   ,  A.  D.  189.., 

personally  appeared  before  me,   ,  a  notary  public  in  and  for  the 

,  and  State  of  Illinois,   

to  testify  on  the  part  of ,  in  the  above  entitled  cause. 

And  the  said ,  having  been  first  duly  sworn  to  testify  the  truth, 

the  whole  truth,  and  nothing  but  the  truth,  in  the  cause  aforesaid,  did 
depose  and  say  as  follows,  to  wit: 


State  of  ,     }  sg> 

County,        ' 

I, ,  a  notary  public  in  and  for  the ,  of ,  and  State 

of  Illinois,  do  hereby  certify  that  on  the   day  of    ,  A.  D. 

189..,  by  agreement  of   and    ,  personally  appeared  before 

me,  at  the  office  of ,  Illinois, witness  to  testify  on  the  behalf 

of  the    in  a  certain  cause  now  pending  in  the    ,  wherein 

and    

And  I  do  hereby  further  certify,  that  he  aforesaid  witness. .  w 


324  NOTARIES  PUBLIC. 

first  duly  sworn  to  testify  the  truth  in  relation  to  the  matter  in  con- 
troversy in  the  cause  aforesaid,  so  far  as  ..he.,  should  be  interro- 
gated, and  that  the  testimony  of  said  witness.,  w....  reduced  by  me 
to  writing,  and  first  carefully  read  to  said  witness.  .,  and  the  same 
subscribed  to  by  said  witness. .  in  my  presence. 

In  testimony  whereof,  I  have  hereunto  set  my  hand,  and  affixed  my 
notarial  seal,  this day  of ,  A.  D.  189. . 

Notary  Public. 
Notary's  Fee,  $ 


No.    140.      NOTICE    TO    TAKE    DEPOSITION— COUET    IN    BLANK. 

1  ss. 


State  of  Illinois, 
County. 


In  the Court 

of County,  State  of  Illinois. 

Term,  189.  . 


Mr 

The  above  named 

Sir, 

Please  take  notice,  that,  on  the day  of ,  A.  D.  189. .,  at 

o  'clock,  ....  M.,  and  to  continue  from  day  to  day,  if  necessary, 

at  the of ,  in ,  in  the  County  of ,  and  State  of 

Illinois,  before ,  a ,  or  some  other  officer  authorized  by  law 

to  take  depositions  in  such  cases,    shall  proceed  to  cause  to  be 

taken  the  deposition.,   of   of  said   County,  to  be  read  in 

evidence    on   the    trial    of    the    above    entitled    cause,    on    the   part    of 

said    ,  when  and  where  you  may  attend,  and   cross-examine  the 

said  witness. .,  if  you  shall  see  fit  so  to  do. 

Dated  this day  of ,  A.  D.  189.  . 


Attorney  for  

No.   141.      (Wisconsin.)      DEPOSITION   CERTIFICATE. 

State  of  Wisconsin,  ) 

County.  ) 

I, (name  and  office),  in  and  for  said  county,  do  hereby  certify 

that  the  above   deposition  was  taken  before  me,  at  my  office,  in   the 

town  of   ,  in  said  county,  on  the    day  of   ,  18.  .,  at 

o'clock    noon;    that  it  was  taken   at  the  request   of  the 

plaintiff  (or  defendant),  etc.,  upon  verbal   (or  written)   interrogatories; 

that  it  was  reduced  to  writing  by  myself  (or  by  deponent,  or  by , 

a  disinterested  person,  in  my  presence,  and  under  my  direction);    that 
it  was  taken  to  be  used  in  the  action  of ,  now  pending  in 


FORMS.  325 

court   (or  as  the  case  may  be),  and  that  the  reason  for  taking  it  was 

;    that attended  at  the  taking  of  such  deposition  (or  that 

a   notice  of  which  the  annexed  is  a  copy,  was  served  upon    ,  on 

the    day   of    ,   18..,   or   that   the   deposition   was   taken   in 

pursuance  of  the  annexed  stipulation);  that  said  deponent  before 
examination  was  sworn  to  testify  the  truth,  the  whole  truth,  and  noth- 
ing but  the  truth,  relative  to  said  cause,  and  that  said  deposition  was 
carefully  read  to   (or  by)   said  deponent  and  then  subscribed  by  him. 


No.  142.     JURAT. 

Sworn  and  subscribed  to  before  me,  on  the day  of ,  18.  . 

Signature  of  Officer, 

Title  of  Office. 

No.  143.     LEASE— SHORT  FORM. 

This  agreement  made  the day  of ,  in  the  year  one  thou- 
sand eight  hundred  and  ninety ,  between ,  of  the  first  part, 

and ,  of  the  second  part. 

Witnesseth,  that  he  said  part.  .  of  the  first  part  ha.  .  agreed  to  let, 
and  hereby  do.  .  let  to  the  said  part.  .  of  the  second  part,  and  the  said 
part.,   of  the  second  part  ha.,    agreed  to  take,  and  hereby  do.,    take 

from  the  said  part .  .  of  the  first  part, 

for  the  term  of ,  to  commence  on  the day  of ,  A.  D. 

189.  .,  and  to  end  on  the day  of ,  A.  D.  189. . 

And    the    said    part.,    of    the    second    part    hereby    covenant.,    and 

agree.  .   to  pay  unto  the  said  part.  .   of  the  first  part,  the rent  or 

sum  of payable  

And  to  quit  and  surrender  the  premises,  at  the  expiration  of  the  said 
term,  in  as  good  state  and  condition  as  they  were  in  at  the  commence- 
ment of  the  term,  reasonable  use  and  wear  thereof  and  damages  by 
the  elements  excepted. 

And    the    said    part.,    of   the    second   part    further    covenant.,    that 

will  not  assign  this  lease,  nor  let  or  underlet  the  whole  or  any 

part  of  the  said  premises,  nor  make  any  alteration  therein  without  the 
written  consent  of  the  said  part.  .  of  the  first  part,  under  the  penalty  of 

forfeiture   and   damages;     and   that    will  not   occupy   or   use  the 

said  premises,  nor  permit  the  same  to  be  occupied  or  used  for  any 
business  deemed  extra-hazardous  on  account  of  fire  or  otherwise,  with- 
out the  like  consent,  under  the  like  penalty. 

And   the   said   part.  .    of   the   second   part   further    covenant.  .    thai 

will  permit   the   said   part.,    of  the  first  part,  or    agent, 

to  show  the  premises  to  persons  wishing  to  hire  or  purchase,  and  on 
and  after  the  first  day  of  February  next  preceding  the  expiration  of  the 
term,  will  permit  the  usual  notice  of  "to  let"  or  "for  sale"  to  be  placed 
upon  the  walls  or  doors  of  said  premises,  and  remain  thereon  without 
hindrance  or  molestation. 

And  also,  that  if  the  said  premises,  or  any  part  thereof,  shall  be- 
come vacant  during  the  said  term,  the  said  part.  .   of  the  first  part,  or 


326  NOTARIES  PUBLIC. 

representative,  may  re-enter  the  same,  either  by  force  or  other- 
wise, without  being  liable  to  any  prosecution  therefor;  and  re-let  the 
said  premises  as  the  agent  of  the  said  part.  .  of  the  second  part,  and  re- 
ceive the  rent  thereof,  applying  the  same  first  to  the  payment  of  such 

expenses    as    may    be    put    to    in    re-entering,    and    then    to    the 

payment  of  the  rent  due  by  these  presents;  and  the  balance  (if  any) 
to  be  paid  over  to  the  said  part.  .  of  the  second  part,  who  shall  remain 
liable  for  any  deficiency. 

And  the  said  part.,  of  the  second  part  hereby  further  covenant., 
that  if  any  default  be  made  in  the  payment  of  the  said  rent,  or  any 
part  thereof,  at  the  times  above  specified,  or  if  default  be  made  in 
the  performance  of  any  of  the  covenants  or  agreements  herein  con- 
tained, the  said  hiring,  and  the  relation  of  landlord  and  tenant,  at  the 
option  of  the  said  part.  .  of  the  first  part  shall  wholly  cease  and  de- 
termine; and  the  said  part.  .  of  the  first  part  shall  and  may  re-enter 
the  said  premises  and  remove  all  persons  therefrom;  and  the  said 
part.,  of  the  second  part  hereby  expressly  waive.,  the  service  of  any 
notice  in  writing  of  intention  to  re-enter,  notice  to  terminate  the 
tenancy,  notice  to  quit  or  demand  for  possession. 

In  witness  whereof,  the  parties  to  these  presents  have  hereunto  set 
their  hands  and  seals,  the  day  and  year  first  above  written. 

(Seal.) 

(Seal.) 

(Seal.) 

Sealed  and  delivered  in  the  presence  of 


No.  144.     LEASE.— CHICAGO  FORM. 

This  indenture,  made  this   day  of  ,  in  the  year  of  our 

Lord  one  thousand  eight  hundred  and   ,  between   ,  party  of 

the  first  part,  and ,  party  of  the  second  part,  Witnesseth,  that  the 

said  party  of  the  first  part,  for  and  in  consideration  of  the  covenants 
and   agreements   hereinafter   mentioned,   to   be   kept   and   performed   by 

the    said    party    of    the    second    part,    executors,    administrators 

and  assigns,  has  demised  and  leased  to  the  said  party  of  the  second 
part,  all  those  premises  situate,  lying  and  being  in  the  City  of  Chicago, 
in  the  County  of  Cook,  in  the  State  of  Illinois,  known  and   described 

as  follows,  to  wit :    

To  have  and  to  hold  the  said  above  described  premises,  with  the  ap- 
purtenances, unto  the  said  party  of  the  second  part,   executors, 

administrators  and  assigns,  from  the   day  of   ,  in  the  year 

of   our   Lord   one   thousand   eight   hundred   and   ninety    ,   for   and 

during  and  until   ,  eighteen  hundred  and   

And  the  said  party  of  the  second  part,  in  consideration  of  the  leas- 
ing of  the  premises  aforesaid  by  the  said  party  of  the  first  part  to  the 
said  party  of  the  second  part,  does  covenant  and  agree  with  said  party 

of  the  first  part,   heirs,  executors,  administrators  and  assigns,  to 

pay  the  said  party  of  the  first  part,  as  rent  for  said  premises,  the  sum 
of   


FORMS.  327 

Said  party  of  the  first  part  shall  have  the  right  to  put  up  notices  to 
rent,  and  show  the  premises  at  reasonable  hours,  for  thirty  days  prior 
to  the  expiration  of  this  lease. 

And  the  said  party  of  the  second  part  further  covenants  with  the 
said  party  of  the  first  part,  that  said  party  of  the  second  part  has 
received  said  demised  premises  in  good  order  and  condition,  and  that 
at  the  expiration  of  the  time  in  this  lease  mentioned,  or  sooner  de- 
termination thereof  by  forfeiture,  .  .he.  .  will  yield  up  the  said  premises 
to  the  said  party  of  the  first  part  in  as  good  condition  as  when  the  same 
were  entered  upon  by  the  said  party  of  the  second  part,  loss  by  fire  or 
inevitable  accident  or  ordinary  wear  excepted;  and  also  will  kee,p  the 
said  premises  in  good  repair  during  this  lease,  at own  expense. 

It  is  further  agreed  by  the  said  party  of  the  first  part,  that  neither 

..he.,    nor    legal    representatives,    will    underlet    said    premises 

or  any  part  thereof,  or  assign  this  lease,  without  the  written  assent  of 
the  said  party  of  the  first  part  had  and  obtained  thereto. 

And  the  said  party  of  the  second  part,  for executors,  adminis- 
trators and  assigns,  agree.,  further  to  pay  (in  addition  to  the  rents 
above  specified),  all  water  rents  taxed,  levied  or  charged  on  said  prem- 
ises, for  and  during  the  time  for  which  this  lease  is  granted,  and  save 
said  premises  and  the  said  party  of  the  first  part  harmless  therefrom, 
and  that  ..he.,  will  keep  said  premises  in  a  clean  and  wholesome  con- 
dition, in  accordance  with  the  ordinances  of  the  city  and  directions  of 
the  health  officers.  And  it  is  further  agreed  that  all  plumbing,  water- 
pipes,  gas-pipes,  and  sewerage,  shall  be  at  the  risk  of  the  said  party 
of  the  second  part. 

And,  provided  the  said  party  of  the  first  part  shall  pay  for  any  water 
rent,  or  for  repairs  of  hydrants,  supply  or  waste  pipes,  or  sewers  on 
said  premises  which  may  be  ordered  by  the  board  of  public  works,  or 
for  the  removal  of  any  night-soil  removed  by  the  order  or  direction 
of  the  board  of  health  or  any  of  its  officers,  the  amount  so  paid  shall 
be  considered  as  additional  rent,  and  the  said  party  of  the  first  part 
may  collect  the  same  of  the  said  party  of  the  second  part  in  the  same 
manner  as  other  rents  under  this  lease. 

It  is  expressly  understood  and  agreed  by  and  between  the  parties 
aforesaid,  that  if  the  rent  above  reserved,  or  any  part  thereof,  shall  be 
behind  or  unpaid  on  the  day  of  payment  whereon  the  same  ought  to 
be  paid,  as  aforesaid,  or  if  default  shall  be  made  in  any  of  the  covenants 
or  agreements  herein  contained,  to  be  kept  by  the  said  party  of  tin- 
second  part,    executors,  administrators  and  assigns,   it   shall   and 

may  be  lawful  for  the  said  party  of  the  first  part,  heirs,  ex- 
ecutors,  administrators,   agent,   attorney   or   assigns,   at    election, 

to  declare  said  term  ended,  and  into  the  said  premises,  or  any  part 
thereof,  either  with  or  without  process  of  law,  to  re-enter;  and  the 
said  party  of  the  second  part,  or  any  other  person  or  persons  occupying, 
in  or  upon  the  same  to  expel,  remove  and  put  out,  using  such  force  as 
may  be  necessary  in  so  doing,  and  the  said  premises  again  to  re-possess 

and  enjoy  as  in   first  and  former  estate,  and  to  distrain  for  any 

rent   that    may   be    due    thereon    upon    any    property   belonging    to    said 


328  NOTARIES  PUBLIC. 

party  of  the  second  part,  whether  the  same  be  exempt  from  execution 
and  distress  by  law  or  not;  and  the  said  party  of  the  second  part  in 
that  case  hereby  agree.,  to  waive  all  legal  rights  which  ..he.,  now 
ha.,  or  may  have  to  hold  or  retain  any  such  property,  under  any  ex- 
emption laws  now  in  force  in  this  State,  or  in  any  other  way,  meaning 

and  intending  hereby  to  give  to  the  said  party  of  the  first  part, 

heirs,  executors,  administrators  or  assigns,  a  valid  and  first  lien 
upon  any  and  all  goods  and  chattels  and  other  property  belonging  to 
the  said  party  of  the  second  part,  as  security  for  the  payment  of  said 
rent,  in  manner  aforesaid,  anything  hereinbefore  contained  to  the 
contrary  notwithstanding.     And  if  at  any  time  said  term  shall  be  ended 

at  such  election  of  said  party  of  the  first  part,    heirs,  executor, 

administrators  or  assigns,  as  aforesaid,   or  in  any  other  way,  the  said 

party  of  the  second  part,   executors,  administrators  and  assigns, 

do  hereby  covenant  and  agree  to  surrender  and  deliver  up  the  said 
above  described  premises  and  property  peaceably  to  said  party  of  the 
first  part,  heirs,  executors,  administrators  or  assigns,  immedi- 
ately  upon   the   determination   of   the   said   term,   as  aforesaid;     and   if 

shall  remain  in  possession  of  the  same after   such 

default,  or  after  the  termination  of  this  lease,  in  any  of  the  ways  above 

named,    shall   be   deemed   guilty   of   a   forcible   detainer   of   said 

premises  under  the  statute,  and  shall  be  subject  to  all  the  conditions 
and  provisions  above  named,  and  to  eviction  and  removal,  forcibly  or 
otherwise,  with  or  without  process  of  law,  as  above  stated.      And  the 

said  party  of  the  second  part  hereby  waives   right  to  any  notice 

from   said   party   of   the   first    part    of    election   to    declare    this 

lease  at  an  end,  under  any  of  its  provisions,  or  any  demand  for  the 
payment  of  rent  or  the  possession  of  the  premises  leased  herein;  but 
the  simple  fact  of  the  non-payment  of  the  rent  reserved,  shall  constitute 
a  forcible  detainer  as  aforesaid. 

And  it  is  further  covenanted  and  agreed  by  and  between  the  parties, 
that  the  party  of  the  second  part  shall  pay  and  discharge  all  costs, 
attorneys'  fees  and  expenses  that  shall  arise  from  enforcing  the  cove- 
nants of  this  indenture  by  the  party  of  the  first  part. 

In  witness  whereof,  the  said  parties  have  hereunto  set  their  hands 
and  seals,  the  day  and  year  first  above  written. 

No.  144A.     (West  Virginia.)     LEASE. 

This  deed,  made  the  day  of  ,  in  the  year  ,  be- 
tween (names  of  parties),  witnesseth:     That  the  said doth  demise 

unto  the  said  ,  his  personal  representatives  and  assigns,  all  (de- 
scribe premises),  from  the day  of ,  for  the  term  of , 

thence  ensuing,  the  said paying  to  the  said therefor,  during 

the  said  term,  the  rent  of  (amount  and  mode  of  payment).  Witness  the 
following  signature  and  seal 

No.  144B.     NOTICE  TO  TERMINATE  LEASE. 

I  hereby  give  you  notice,  that  in  pursuance  of  the  power  for  this 
purpose  given  to  me  by  the  indenture  of  lease,  dated  the   day 


FORMS.  329 

of    ,  and   made  between   you,   of  the   one   part,   and   me,   of   the 

other  part,  it  is  my  intention  to  determine  the  lease  thereby  made,  on 

the day  of next,  and  I  shall  therefore  quit  and  deliver 

up  possession  to  you  (or,  require  you  to  quit  and  deliver  up  possession 
to  me)  of  the  messuage  (etc.,  here  briefly  describe  the  premises). 

(Date.)  (Signature.) 

(Address.) 

No.  145.     MARINE  PROTEST. 
THE  UNITED  STATES  OF  AMERICA. 

State  of   ,     ) 

County  of    ) 

To  all  People  to  whom  these  Presents  shall  Come  or  may  Concern: 

I,   ,  a  notary  public,  in  and  for  the  County  of    ,  in  the 

State  aforesaid,  by  letters  patent,  under  the  great  seal  of  the  said  State, 

duly     commissioned     and     sworn,     dwelling     in    ,    send    greeting: 

Know  ye,  that  on  the day  of ,  in  the  year  of  our  Lord  one 

thousand  eight  hundred  and  ninety   ,  before  me,  the  said  notary, 

appeared    ,    master    of   the    vessel    called    the    ,    of    , 

burthen    tons,  and  noted  in  due  form  of  law  with  me,  the  said 

notary,  his  protest,  for  the  use  and  purposes  hereinafter  mentioned; 
and  now  at  this  day,  to  wit:     the  day  of  the  date  hereof,  before  me, 

the  said  notary,  at aforesaid,  again  comes  the  said ,  master, 

and  requires  me  to  extend  his  protest,  and  together  with  the  said 
master,  also  comes ,  mate  and , , , t  sea- 
men, belonging  to  the  aforesaid  vessel,  all  of  whom,  being  by  me  duly 
sworn,  voluntarily,  freely  and  solemnly  do  declare  and  depose  as  fol- 
lows, that  is  to  say:     That  on  the day  of ,  189.  .,  at 

o'clock  .  . .  .M.,  the  said  vessel  left ,  in  the  State  of ,  bound 

thence  to  the  port  of ,  in  the  State  of ,  laden  with ; 

that  the  said  vessel  was  then  stout,  staunch  and  strong;  had  her 
cargo  well  and  sufficiently  stowed  and  secured;  was  well  masted, 
manned,  tackled,  victualed,  appareled  and  appointed,  and  was  in  every 
respect  fit  for  sea,  and  the  voyage  she  was  about  to  undertake: 

And  the  said  master  further  says,  that  as  all  the  damage  and  injury 
which  already  has  or  may  hereafter  appear  to  have  happened  or  oc- 
curred to  the  said  vessel  or  her  said  cargo,  has  been  occasioned  solely 
by  the  circumstances  hereinbefore  stated,  and  can  not,  nor  ought  to 
be  attributed  to  any  insufficiency  of  the  said  vessel,  or  default  of  him, 
this  deponent,  his  officers  or  crew.  He  now  requires  of  me,  the  said 
notary,  to  make  this  protest  and  this  public  act  thereof,  that  the  same 
may  serve  and  be  of  full  force  and  value,  as  of  right  shall  appertain. 
And  thereupon  the  said  master  doth  protest,  and  I,  the  said  notary,  at 
his  special  instance  and  request,  do  by  these  presents  publicly  and  sol- 
emnly protest  against  winds,  weather  and  seas,   ,  and  against  all 

and  every  accident,  matter  and  thing,  had  and  met  with  as  aforesaid, 
whereby  or  by  means  whereof  the  said  vessel,  or  her  cargo,  already  has 
or    hereafter    shall    appear    to    have    suffered    or    sustained    damage    or 


330  NOTABIES  PUBLIC. 

inJur>,  for  all  losses,  costs,  charges,  expenses,  damages  and  injury 
which  the  said  master,  or  the  owner  or  owners  of  the  said  vessel,  or 
the  owners,  freighters,  or  shippers  of  her  said  cargo,  or  any  other 
person  or  persons  interested  or  concerned  in  either,  already  have  or 
may  hereafter  pay,  sustain,  incur,  or  be  put  into,  by  or  on  account  of 
the  premises,  or  for  which  the  insurer  or  insurers  of  the  said  vessel, 
or  her  cargo,  is  or  are  respectively  liable  to  pay  or  make  contribution 
or  average,  according  to  custom,  or  their  respective  contracts  or  obliga- 
tions; and  that  no  part  of  such  losses  and  expenses  already  incurred, 
or  hereafter  to  be  incurred,  do  fall  on  him,  the  said  master,  his  officers 
or  crew. 

This  done  and  protested,  in   ,  this   day  of   ,  18. . 

,  Master. 

,  Mate. 


Seamen. 
In  witness  whereof,  as  well  the  said  appearers,  as  I,  the  said  notary, 
have  hereunto  subscribed  these  presents,  and  I,  the  said  notary,  here- 
unto attached  my  notarial  seal,  the  day  and  year  last  aforesaid. 


Notary  Public. 

State  of ,      ) 

County.        i 

I, ,  a  notary  public  in  and  for  said  county,  in  the  State  afore- 
said, do  hereby  certify  that  the  foregoing  contains  a  true  and  correct 

copy  of  the  original  protest   entered   on  record  before  me,  by    , 

master  of  the ,  said  protest  having  been  noted  on  the day 

of  ,  18.  .,  and  extended  before  me  on  the   day  of   , 

18.. 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  notarial  seal, 
this   day  of   ,  18.. 


Notary  Public. 

No.  146.     MARINE  NOTE  OF  PROTEST  BY  MASTER. 

THE  UNITED  STATES  OF  AMERICA. 

State  of ,  County  of  ,  ss. 

Be  it  known,  that  on  this    day  of    ,  18..,  before  me, 

,  a  notary  public  for  and  in  the  County  of   ,  and  State  of 

,  personally  appeared ,  master  of  the ,  or  vessel  called 

the    ,   of   the   burthern   of    tons,    or   thereabouts,   who    de- 
clares that  he  sailed  last  in  the  vessel  under  his  command,  laden  with 

a  cargo  of   ,  on  the   day  of ,  18.  .,  from  the  port  of 

,  and  bound  for  the  port  of ,  in  the  State  of  

Thus  the  said  master  notes  this,   his  protest,   before   me,   reserving   to 


FORMS.  331 

himself  the  right  to  extend  the  same  at  any  time  and  place  convenient. 

Subscribed  and  sworn  to  before  me,  this   day  of   ,  18.  . 

> 

Notary  Public. 

NO.  146A.     MECHANICS'  LIEN  NOTICE. 

To ,  Esquire,  clerk  of  the  city  and  county  of  New  York: 

Sir — Please  to  take  notice,  that  I, ,  residing  at  No , 

in    street,    in    ,    have    a    claim     against     ,     of 

,  owner  (or,  contractor)  amounting  to  the  sum  of dol- 
lars, due  to ,  (or  if  not  due,  state  when  it  will  become  due),  and 

that  the  claim  is  made  for  and  on  account  of  (here  state  the  ground  of 
claim)  furnished  and  done  before  the  whole  work  on  said  building  was 
completed,  and  which  work  and  materials  were  done  and  furnished  with- 
in three  months  of  the  date  of  this  notice;  and  that  such  work  and  ma- 
terials were  done  and  furnished  in  pursuance  of  a  contract  for , 

between   and    ,  which  building  is  owned  by    , 

and  is  situated  in  the   ward  of  the  city  of  New  York,  on  the 

side  of street,  and  is  known  as  No The  fol- 
lowing is  a  diagram  of  said  premises  (here  insert  diagram).  And  that 
I  have  and  claim  a  lien  upon  said  house  or  building,  and  the  appurtenances 
and  lot  on  which  the  same  shall  stand,  pursuant  to  the  provisions  of  an 
act  of  the  Legislature  of  the  State  of  New  York,  entitled,  "An  Act  to 
secure  the  payment  of  mechanics,  laborers  and  persons  furnishing  ma- 
terials towards  the  erection,  altering  or  repairing  of  buildings  in  the 
city  of  New  York,"  passed  May  5,  1863,  and  of  the  acts  amending  the 
same.  (Signature.) 
(Date.) 

No.   147.     (California.)     MORTGAGE  FORM. 

This  mortgage,  made  the    day  of   ,  in  the  year   , 

by   A.   B.,   of    ,   mortgagor,   to   C.   D.,   of    ,    mortgagee,   wit- 

nesseth:     That  the  mortgagor  mortgages  to  the  mortgagee  (here  describe 

the  property),   as   security   for   the   payment   to   him   of    dollars, 

on  (or  before)  the day  of ,  in  the  year ,  with  interest 

thereon  (or  as  security  for  the  payment  of  an  obligation,  describing  it, 
etc.). 

No.    148.      (Indiana.)      A   MORTGAGE. 

A.  B.  mortgages  and  warrants  to  C.  D.  (describe  property)  to  secure 
the  repayment  of  (here  recite  the  sum  for  which  the  mortgage  is  grant ed 
or  the  notes  or  other  evidence  of  debt,  or  a  description  thereof,  sought" 
to  be  secured,  also  the  date  of  the  repayment). 

No.  149.     (Iowa.)     MORTGAGE. 

The  same  as  deed,  adding,  "To  be  void  upon  condition  that  I  pay, ' ' 
etc. 


332  NOTARIES  PUBLIC. 

No.  150.     (Oklahoma.)     MORTGAGE. 

Know  all  men  by  these  presents,  That   and   ,  of   

County,  in  the of part.  .  of  the  first  part,  have  mortgaged 

and   hereby   mortgage   to    ,   of    County,    of    , 

part.,  the  second  part,  the  following  described  real  estate  and  prem- 
ises, situated  in County,  Territory  of  Oklahoma,  to  wit:   , 

with  all  the  appurtenances  thereto  belonging,  and  warrant  the  title  to 

the  same This  mortgage  is  given  to  secure  the  principal  sum  of 

dollars,  with  interest  thereon  at  the  rate  of   per  centum 

per  annum,  payable annually,  from ,  according  to  the  terms 

of certain  promissory  note,  described  as  follows,  to  wit:   

Dated  this    day  of    

No.  151.     (Tennessee.)     MORTGAGE. 

I  hereby  convey  to  A.  B.  the  following  land  (describe  it),  to  be  void 
upon  condition  that  I  pay,  etc. 

No.    152.      (Tennessee.)      TRUST   DEED. 

For  the  purpose  of  securing  to  A.  B.  a  note  of  this  date,  due  at 
twelve  months,  with  interest  from  date  (or  as  may  be),  I  hereby  convey 

to  C.  D.,  in  trust,  the  following  property:    

and  if  the  note  is  not  paid  at  maturity  I  hereby  authorize  C.  D.  to  sell 
the  property  herein  conveyed  (state  the  manner,  place  of  sale,  notice, 
etc.),  to  execute  a  deed  to  the  purchaser,  to  pay  off  the  amount  herein 
secured,  with  interest  and  costs,  and  to  hold  the  remainder  subject  to 
my  order. 

No.  153.     (Utah.)     MORTGAGE. 

A.  B.,  mortgagor  (here  insert  name  and  residence),  hereby  mortgages 

to  C.  D.,  mortgagee  (insert  names  and  residence),  for  the  sum  of 

dollars,  the  following  described  tract.  .   of  land  in   County,  Utah 

(describe  premises). 

This  mortgage  is  given  to  secure  the  following  indebtedness  (here 
state  amount  and  form  of  indebtedness,  maturity,  rate  of  interest,  by 
and  to  whom  payable,  and  where). 

The  mortgagor  agrees  to  pay  all  taxes  and  assessments  in  said  prem- 
ises, and  the  sum  of dollars,  attorney's  fee,  in  case  of  foreclosure. 

Witness  the  hand  of  said  mortgagor,  this day  of ,  A.  D. 

18.. 

No.  154.     (Wisconsin.)     MORTGAGE. 

A.  B.,  mortgagor,  of County,  Wisconsin,  hereby  mortgages  to 

C.  D.,  mortgagee,  of    County,  Wisconsin,  for  the  sum   of    

dollars,  the  following  tract  of  land  in County  (here  describe  the 

premises). 

This  mortgage  is  given  to  secure  the  following  indebtedness  (here 
state  amount  and  form  of  indebtedness,  whether  on  note,  bond  or  other- 
wise, time  due,  rate  of  interest,  by  and  to  whom  payable,  etc.). 


FORMS.  333 

The  mortgagor  agrees  to  pay  all  taxes  and  assessments  on  said  prem- 
ises, and  the  sum  of dollars,  attorney's  fees,  in  case  of  foreclosure 

thereof. 

Witness  the  hand   and  seal   of   said   mortgagor   this    day   of 

,  la- 
in presence  of 

(Seal.) 

(Seal.) 

(Must  be  acknowledged.) 

No.  155.     (Wisconsin.)     ASSIGNMENT  OF  MORTGAGE. 

For  value  received,  I,  A.  B.,  of   ,  Wisconsin,  hereby  assign  to 

C.  D.,  of ,  Wisconsin,  the  within  mortgage  (or  a  certain  mortgage 

executed  to ,  by  C.  F.  and  wife,  of County,  Wisconsin,  the 

day  of ,  19.  .,  and  recorded  in  the  office  of  the  register  of 

deeds   of    County,   Wisconsin,   in   Vol of   Mortgages,    on 

page  ),  together  with  the  and  indebtedness  therein  men- 
tioned. 

Witness  my  hand  and  seal  this day  of ,  19.  . 

In  presence  of 

A.  B.   (Seal.) 

(Seal.) 

No.  155A.     NOTICE  OF  MORTGAGE  SALE. 

By  virtue  of  a  chattel  mortgage  executed  by   to    , 

dated  the   day  of   ,  190.  . .  .,  and  filed  in  the  office  of 

the  county  clerk  of  the  county  of   ,   (or,  the  town  clerk  of  the 

town  of ,  or,  the  register  of  the  city  and  county  of  New  York), 

on  the   day  of   ,  190.  .  .  .,  and  upon  which  default  has 

been  made,  I  will  expose  for  sale  at  public  auction,  on day,  the 

day  of   ,  190. .  . .,  at   ....   o'clock,  in  the   noon, 

at    (designating   the   particular   place    of    sale),    the    property 

mortgaged,  consisting  of  187  horses,  35  stages,  16  sleighs,  250  tire  bolts, 
800  weight  of  iron,  800  weight  of  steel,  two  large  iron  safes.  (The 
terms  of  sale  to  be  made  known  on  the  day  of  sale.)  (b) 

Dated, ,  the day  of ,  190.  . .  . 

(Signature  of  attorney  or  auctioneer.) 

No.  156.  CHATTEL  MORTGAGE  FOR  RESIDENT.— SHORT  FORM. 

Know  all  men  by  these  presents,  that ,  of  the  Town  of , 

in  the  County  of ,  and  State  of ,  in  consideration  of  the  sum 

of   dollars,  to   paid  by   ,  of  the  County  of    , 

and  State  of   ,  the  receipt  whereof  is  hereby  acknowledged,  do.. 

hereby  grant,   sell,   convey  and   confirm,  unto  the   said    ,  and   to 

heirs  and  assigns,  the  following  goods  and  chattels,  to  wit:   

To  have  and  to  hold  all  and  singular  the  said  goods  and  chattels, 
unto  the  said  mortgagee  herein,  and   heirs,  executors,  ad- 


334  NOTARIES  PUBLIC. 

ministrators  and  assigns,  to and  their  sole  use,  forever.     And  the 

mortgagor herein,  for and  for heirs,  executors  and 

administrators,  do.  .  hereby  covenant  to  and  with  the  said  mort- 
gagee....,   heirs,  executors,  administrators  and  assigns,  that  said 

mortgagor   lawfully  possessed  of  the  said  goods  and  chattels,  as 

of own  property;    that  the  same  are  free  from  all  encumbrances, 

and   that    will,   and    executors   and   administrators   shall, 

warrant  and  defend  the  same  to   the  said  mortgagee.  .  .  ., 

heirs,  executors,  administrators  and  assigns,  against  the  lawful  claims 
and  demands  of  all  persons. 

Provided,  nevertheless,  that  if  the  said  mortgagor....,  ex- 
ecutors or  administrators,  shall  well  and  truly  pay  unto  said  mort- 
gagee. .  .  ., executors,  administrators  or  assigns,  

then  this  mortgage  is  to  be  void,  otherwise  to  remain  in  full  force  and 
effect. 

And,  provided,  also,  that  it  shall  be  lawful  for  the  said  mort- 
gagor....,    executors,  administrators  and  assigns,  to  retain  pos- 
session of  the  said  goods  and  chattels,  and  at   own  expense,  to 

keep  and  use  the  same,  until or executors,  administrators 

or  assigns,  shall  make  default  in  the  payment  of  the  said  sum  of  money 
above  specified,  either  in  principal  or  interest,  at  the  time  or  times, 
and  in  the  manner  hereinbefore  stated.  And  the  said  mortgagor...., 
hereby  covenant.,  and  agree.,  that  in  case  default  shall  be  made  in 
the  payment  of  the  note.  .  aforesaid,  or  of  any  part  thereof,  or  the 
interest  thereon,   on   the   day   or   days  respectively   on   which   the   same 

shall  become  due  and  payable;  or  if  the  mortgagee.  .  .  ., executors, 

administrators  or  assigns,  shall  feel   insecure  or  unsafe,  or  shall 

fear  diminution,  removal  or  waste  of  said  property;  or  if  the  mort- 
gagor. .  .  .  shall  sell  or  assign,  or  attempt  to  sell  or  assign,  the  said 
goods  and  chattels,  or  any  interest  therein;  or  if  any  writ,  or  any 
distress  warrant,  shall  be  levied  on  said  goods  and  chattels,  or  any  part 
thereof;  then,  and  in  any  or  either  of  the  aforesaid  cases,  all  of  said 
note.  .  and  sum  of  money,  both  principal  and  interest,  shall,  at  the  op- 
tion   of    the    said    mortgagee .  . .  . ,    executors,    administrators    or 

assigns,  without  notice  of  said  option  to  any  one,  become  at  once  due 
and  payable,  and  the  said  mortgagee....,  executors,  adminis- 
trators or  assigns,  or  any  of  them,  shall  thereupon  have  the  right  to 
take  immediate  possession  of  said  property  and  for  that  purpose  may 
pursue  the  same  wherever  it  may  be  found,  and  may  enter  any  of  the 
premises  of  the  mortgagor.  .  .  .,  with  or  without  force  or  process  of  law, 
wherever  the  said  goods  and  chattels  may  be,  or  be  supposed  to  be,  and 
search  for  the  same,  and  if  found,  to  take  possession  of,  and  remove, 
and  sell,  and  dispose  of  the  said  property  or  any  part  thereof,  at  public 

auction,  to  the  highest  bidder,  after  giving   days '  notice  of  the 

time,  place  and  terms  of  sale,  together  with  a  description  of  the  prop- 
erty to  be  sold,  by  notices  posted  up  in  three  public  places  in  the 
vicinity  of  such  sale,  or  at  private  sale,  with  or  without  notice,  for  cash 
or  on  credit,  as  the  said  mortgagee.  . .  ., heirs,  executors,  adminis- 
trators  or    assigns,    agents   or   attorneys,    or   any   of   them,   may   elect; 


FORMS.  335 

and,  out  of  the  money  arising  from  such  sale,  to  retain  all  costs  and 
charges  for  pursuing,  searching  for,  taking,  removing,  keeping,  stor- 
ing, advertising,  and  selling  such  goods  and  chattels,  and  all  prior  liens 
thereon,   together  with   the   amount   due   and   unpaid   upon   said   note.., 

rendering  the  surplus,  if  any  remain,  unto  said  mortgagor ,  or 

legal  representatives. 

Witness,  the  hand.  .   and  seal.  .   of  the  said  mortgagor.  .,  this   

day  of    ,  in   the  year  of  our  Lord   one  thousand   eight   hundred 

an<1  (Seal.) 

(Seal.) 

Sealed  and  delivered  in  the  presence  of 


State  of ,      i 

'         >  S3. 

County  of ) 

I,  ,  a  justice  of  the  peace  in  the  Town  of ,  in  and  for 

said  county,  do  hereby  certify,  that  this  mortgage  was  duly  acknowl- 
edged before  me  by  the  above  named    ,  the  mortgagor.,    therein 

named,  and  entered  by  me  this day  of ,  A.  D.  189.  . 

Witness  my  hand  and  seal.  (Seal.) 

Justice  of  the  Peace. 

State  of ,      ) 

County  of ) 

of  said   County,  being  duly  sworn,  deposes  and  says: 

That   the  lawful  owner.,   of  the  goods  and  chattels  described  in 

the  within  chattel  mortgage  to  which  this  is  attached,  and  made  a  part 
thereof;  and  that  said  goods  and  chattels  are  free  and  clear  of  all 
liens  or  incumbrances,  except  the  said  mortgage  to  which  this  paper 
is   attached.      And   that   there   are   no   judgments   or   executions   against 

,  the  said   ,  that  affect  the  title  of  said  goods  and  chattels 

named  in  said  mortgage 

By  and   under  the  foregoing  representation    have  obtained   a 

loan  of  ($ )   dollars,  which  said  chattel  mortgage  is  given  to 

secure  the  payment  thereof,  and  interest. 

(Seal.) 

Subscribed  and  sworn  to  before  me,  this day  of ,  189.  . 


No.  157.  RELEASE  OF  CHATTEL  MORTGAGE. 

Know  all  men  by  these  presents,  that ,  of  the  County  of , 

and    State   of    ,   do   hereby    certify,   that    a    certain    indenture    of 

mortgage,   bearing   date  the    day   of    ,   A.   D.   189..,   made 

and  executed  by   of  the  first  part  to   of  the  second  part, 

conveying  certain   personal  property  therein  mentioned   as  security  for 

the  payment  of    dollars  and    cents  as  therein  stated  and 

recorded  in  the  recorder's  office  of County,  in  the  State  of 

in  Book ,  of ,  on  page ,  on  the day  of , 


330  NOTARIES  PUBLIC. 

A.  D.  189 

is,  with  the  note.,   accompanying  it,  and  the  aforementioned  debt  fully 
paid,  satisfied,  released,  and  discharged. 

Witness, hand.  .  and  seal.  .,  this day  of ,  A.  D. 

189.. 

Certificate  follows. 

No.  158.     CHECK. 


Chicago,  111., ,  189.  .       No. 

THE  FIRST  NATIONAL  BANK  OF  CHICAGO. 
Pay  to  the  order  of ,  $ 


dollars. 


No.  159.     DRAFT  OR  INLAND  BILL  OF  EXCHANGE. 

No $ Chicago,  January  1,  1897. 

Three  months  after  date  pay  to  the  order  of  Thomas  Smith  &  Co.  one 
hundred  dollars,  value  received,  and  charge  to  the  account  of 

To  Brown  Bros.,  A.  H.  JONES. 

Centralia,  Ky. 

No.  160.     FOREIGN  BILL. 

No Exchange  of  £100.  Chicago,  January  1,  1897. 

Six  months  after  sight  of  this  first  of  exchange  (second  and  third 
unpaid),  pay  to  the  order  of  Mr.  Don  Carlos,  one  hundred  pounds,  value 
received,  and  charge  the  same  to  account  of  Messrs.  Smith  &  Co.  against 
your  letter  of  credit  No.  1. 

To  Mr.  S.  Jackson,  JAMES  JOHNSON. 

London,  England. 

No.  161.     CERTIFICATE  OF  PROTEST. 


State  of j 

County. 

Be  it  known,  that  on  this day  of ,  in  the  year  of  our 

Lord  one  thousand  eight  hundred  and  ninety ,  I, ,  a  notary 

public,  duly  commissioned  and  sworn,  and  residing  in  the ,  in  said 

county  and  State,  at  the  request  of ,  went  with  the  original 

which  is  above  attached,  to  the  office  of   ,  and  demanded   

thereon,  which  was  refused 

Whereupon  I,  the  said  notary,  at  the  request  of  the  aforesaid,  did 
protest,  and,  by  these  presents,  do  solemnly  protest,  as  well  against  the 

of  said   the  endorsers  thereof,  as  all  others  whom  it  may 

or  doth  concern,  for  exchange,  re-exchange,  and  all  costs,  charges,  dam- 
ages,   and    interest    already    incurred   by    reason    of    the    non- of 

the   said    

And  I,  the  said  notary,  do  hereby  certify,  that,  on  the  same  day  and 


FORMS.  337 

year  above  written,  and  within  forty-eight  hours  from  the  time  of  such 
protest,  due  notice  of  the  foregoing  protest  was  put  in  the  postoffice  at 
,  as  follows: 

Notice  for    

Notice  for   

Notice  for   

Notice  for   

Notice  for   

Each  of  the  above-named  places  being  the  reputed  place  of  residence 
of  the  person  to  whom  this  notice  was  directed. 

In  testimony  whereof,  I  have  hereunto  set  my  hand  and  affixed  my 
official  seal,  the  day  and  year  first  above  written. 


Notary  Public. 
No.  162.     NOTICE  OF  PROTEST  OF  NOTE. 


State  of 
County  of 


:=..} 


,  189.. 

Sir:— 

A for  $ ,  dated ,  payable signed 

by    ,  endorsed  by   ,  being  this  day  due  and 

unpaid,  and  by  me  protested  for  non-payment,  I  hereby  notify  you  that 
the  payment  thereof  has  been  duly  demanded,  and  that  the  holders  look 
to  you  for  payment,  damages,  interest  and  costs. 

Done  at  the  request  of , 

Notary  Public. 

To    


No.  163.     (Mississippi.)     PROTEST. 

Be  it  known  that  I,  A.  B.,  a  justice  of  the  peace  of  the  County  of 

,   at   the  usual  place  of    of  C.   D.,  presented  to  him   the 

bill  or  note  of  which  the  annexed  is  a  copy,  for  payment  (or  acceptance) 
which  he  did  not  pay  (or  accept) ;  whereas  I  did  protest  the  said  bill 
(or  note) ;    and  immediately  thereafter  I   deposited  in  the  postoffice  at 

,  postage  paid,  a  written  notice  of  the  protest,  directed  to  E.  F., 

at ,  which  is  his  known  (or  usual)  place  of  abode  (or  business). 

Dated  at ,  this day  of ,  A.  D 

No.  164.     PROTEST. 

United  States  of  America,  State  of  New  York,  ss. 

On  the  14th  day  of  November,  1903,  at  the  request  of  Marshall  Field, 
I,  Richard  Jones,  notary  public  in  and  for  the  State  of  New  York,  duly 
commissioned  and  sworn,  dwelling  in  said  City  of  New  York,  did  present 
the  original  promissory  note,  a  copy  of  which  is  hereunto  annexed,  dated 
the  fifth  day  of  July,  1900,  for  one  thousand  dollars,  to  the  maker,  Thomas 

22 


338  NOTARIES  PUBLIC. 

Brown,  personally,  at  500  Broadway,  New  York  City,  and  demanded  pay- 
ment, which  was  refused. 

Wherefore  I,  the  said  notary  public,  at  the  request  aforesaid,  did 
protest,  and  by  these  presents  do  publicly  protest,  as  well  against  the 
maker  and  indorsers  of  said  note,  as  against  all  others  whom  it  may 
concern,  for  exchange,  re-exchange,  and  all  costs,  damages,  interest 
already  incurred,  and  to  be  hereafter  incurred,  for  want  of  payment  of 
the  same. 

And  I  do  further  certify  that  on  the  14th  da}'  of  November,  1903,  and 
after  presentment  aforesaid,  due  notice  of  the  protest  of  the  said  note 
was  deposited  in  the  postoffice  in  the  City  of  New  York,  and  postage 
prepaid,  in  time  for  the  next  regular  mail,  addressed  to  Russell  Sage, 
at  Yonkers,  Queens  County,  State  of  New  York,  which  is  his  reputed 
place  of  residence. 

Tn  witness  whereof,  I  have  hereunto  subscribed  my  name,  and  affixed 
my  notarial  seal. 

Witness:  RICHARD  JONES, 

Notary  Public,  50  Broadway  St., 

New  York  City. 

COPY  OF  NOTE. 
(Indorsed.     Russell  Sage.) 
$1,000.  New  York,  July  5,  1900. 

One  month  after  date  I  promise  to  pay  Marshall  Field,  or  order,  one 
thousand  dollars,  value  received. 

THOMAS   BROWN. 

The  notary  generally  retains  the  original  protest,  and  in  case  of  inland 
bills  and  promissory  notes,  an  abbreviated  protest,  like  the  following,  is 
attached  to  the  note  and  returned  to  the  party  for  whom  it  is  protested: 
State  of  New  York, 
City  and  County  of  New  York. 

Be  it  known  that  the  promissory  note  hereunto  annexed  was  this 
day   protested   for   non-payment. 

New  York,  Nov.  14th,  1903.  RICHARD  JONES, 

Witness:  Notary  Public. 


This  memorandum  is  attached  to  the  note  or  bill,  and  in  case  action 
is  commenced  application  is  made  to  the  notary  for  the  original  protest. 

No.  165.     PROMISSORY   NOTE. 

$300.00.  New  York,  July  30,  1898. 

Four  years  after   date  I  promise  to   pay  John   Doe,   or  order,   three 
hundred  dollars,  with  six  per  cent,  interest  per  annum,  for  value  received. 
No.  5.  THOMAS  NOBODY. 

No.  166.     RECEIPT. 
$300.00. 

Received,   Chicago,  July   1,   1898,   of   Thomas   Smith,   three   hundred 
dollars,  in  full  of  account. 

THOMAS  JACKSON  &  CO. 


FORMS.  339 

No.   167.     WAIVER   ON   BILL   OR   NOTE. 

Presentment,  demand,  and  notice  waived. 

THOMAS  JONES. 

No.  168.     (Illinois.)      NOTARY  PUBLIC'S  BOND. 

Know  all  Men  by  these  Presents,  That  we,    ,   ,    

of  the  County  of    ,  in  the  State   of   Illinois,  are   held   and   firmly 

bound  unto  the  People  of  the  State  of  Illinois,  in  the  penal  sum  of  one 
thousand  dollars,  for  the  payment  of  which,  well  and  truly  to  be  made, 
we  bind  ourselves,  our  heirs,  executors  and  assigns,  jointly  and  sever- 
ally, firmly  by  these  presents. 

Witness  our  hands  and  seals,  this day  of ,  189.  . 

The    condition    of   the   above    obligation    is   such,    that    whereas,   the 

said   has  been  appointed  notary  public  in  and  for  the  County  of 

,  residing  in  the of 

Now,  therefore,  if  the  said    shall   perform   and   discharge   all 

the  duties  required  of  him  by  law,  as  such  notary  public,  to  the  best 
of  his  skill  and  ability,  then  this  bond  to  be  void,  otherwise  to  remain 

in  full  force.  (Seal.) 

(Seal.) 

(Seal.) 

Approved :    

Governor. 
State  of  Illinois,      } 
County  of ) 

I,   ,  hereby  certify  that   ,   ,   ,  who  are  each 

personally  known  to  be  the  same  persons  whose  names  are  subscribed  to 
the  foregoing  instrument,  appeared  before  me  this  day  in  person,  and 
acknowledged  that  they  signed,  sealed  and  delivered  said  instrument  as 
their  free  and  voluntary  act,  for  the  uses  and  purposes  therein  set  forth. 

Given  under  my  hand  and  seal,  this   day  of ,  189.  . 


No.  169.     (Illinois.)     NOTARIAL  OATH. 

State  of  Hlinois,     ) 
County.        i 

I,  ,  do  solemnly  swear  that  I  will  support  the  constitution  of 

the  United  States,  and  the  constitution  of  the  State  of  Illinois,  and  that 
I  will  faithfully  discharge  the  duties  of  notary  public  according  to  the 
best  of  my  ability.  

Subscribed  and  sworn  to  before  me,  this day  of ,  189.  . 


N.  B. — The  appointee  must  sign  both  bond  and  oath,  and  return  to 
the  Secretary's  office,  with  official  signature,  impression  of  seal  (if  he 
has  one)  at  the  place  indicated,  P.  O.  address,  etc.  A  strict  compliance 
with  Sections  2,  4  and  7  of  Chapter  99,  Hurd  's  Revised  Statutes,  1889, 
is  required  to  secure  the  appointment  of  a  notary  public. 


340 


NOTARIES  PUBLIC. 


No.  170.     (Illinois.)     NOTARIAL  PETITION. 

State  of   , 

County. 

of , 

,  189.. 

To  His  Excellency, 

> 

Governor  of  

The  undersigned,  legal  voters  of  the of ,  in  the  County 

of ,  respectfully  petition  that  Your  Excellency  will  appoint 

to  be  a  notary  public  in  and  for  said  county. 

Have  this  petition  filled  out  and  signed  in  ink  by  fifty  legal  voters 
of  the  city  or  town  in  which  you  reside. 

No.  171.     (Illinois.)     CLERK'S  CERTIFICATE  OF  NOTARYSHIP. 

State  of  Illinois,      | 
County  of > 

I,    f  Clerk   of  the  County  Court,  in   and   for   said   county,   do 

hereby  certify  that    ,  whose  name  is  subscribed  to  the  proof   or 

acknowledgment  of  the  annexed  instrument  in  writing  was,  at  the  time 
of  taking  such  proof  or  acknowledgment,  a  notary  public  in  and  for  said 
county,  duly  commissioned,  sworn  and  acting  as  such,  and  authorized 
to  take  the  same;  and  further,  that  I  am  well  acquainted  with  his 
handwriting,  and  verily  believe  that  the  signature  to  the  said  proof 
or  acknowledgment  is  genuine;  and  further,  that  the  annexed  instru- 
ment is  executed  and  acknowledged  according  to  the  laws  of  the  State 
of  Illinois. 

In  testimony  whereof,  I  have  hereunto  set  my  hand  and  affixed  the 

seal  of  said  court,  at ,  in County,  this day  of , 

A.  D.  18..  ,  Clerk. 

No.  172.     NOTARIAL  REGISTER. 


Date  of 
Demand 
and  How 


Holder 


Copy  of  Paper 


Endorsers 


Date  of 

Notice 

and  How 


Expenses 


NO.  172A.     NOTICE  TO  QUIT. 


I  hereby  give  you  notice  to  quit  and  deliver  up,  on  the day 

of next   [if  the  current  year  of  your  tenancy  expires  on  that 

day,  or  otherwise  on  the  day  on  which  the  current  year  of  your  tenancy 
will  expire,  next  after  the  end  of  half  a  year  (or,  of  a  quarter  year; 
or,  of  a  month)  from  the  time  of  your  being  served  with  this  notice], 


FORMS.  341 

(a)  the  possession  of  the  messuage  (etc.,  here  briefly  describe  the  prop- 
erty) which  you  now  hold  of  me  as  a  yearly  tenant. 

(Date.)  (Signature  of  Landlord.) 

(Address  to  Tenant.) 

No.   173.     DECLAEATION  FOR  RESTORATION   TO  THE  PENSION 

ROLLS  OF  A  PERSON  WHOSE  NAME  HAS  BEEN  DROPPED 

"UNDER  THE  ACT  OF  FEBRUARY  4,  1862. 

State  of  , 

<  'ounty  of 

On  this day  of ,  A.  D.  one  thousand  eight  hundred  and 

eighty   ,  personally  appeared  before  me   ,  the  same  being  a 

court  of  record  within  and  for  the  county  and  State  aforesaid,    , 

aged   years,  who,  being  duly  sworn  according  to  law,  makes  the 

following  declaration  asking  to  be  restored  to  the  pension  rolls;    that 

he  is  the  identical who  was  pensioned  on  the  rolls  of  the  agency 

at ,  and  whosfe  pension  certificate  No ,  is  herewith  returned; 

that  .  .he  has  resided,  since  the  first  day  of  January,  A.  D.  1861,  as  fol- 
lows :    i 

that  during  this  period   means  of  subsistence  have  been:     2.... 

that    has  not  borne  arms  against  the  government  of  the  United 

States,  or  in  any  manner  aided  or  abetted  the  rebellion,  or  those  prose- 
cuting the  rebellion,  or  manifested  a  sympath\r  with  the  cause,  but  on 
the  contrary,  did,  during  the  said  rebellion,  earnestly  desire  its  sup- 
pression by  force  of  arms;    that  .  .he  was  last  paid pension  to  the 

day  of ,  188 .  .     3 

that    hereby   appoints    attorney   to   prosecute   the   above 

claim;    that   residence  is  at  No ,  in   street,  in  the 

of   ,  County  of   ,  State  of    ,  and  that    

postoffice  address  is  ... .  , 

(Attest.)  (Claimant's  signature.) 


Also  personally  appeared    ,  residing  at  No ,  in    

street,  in ,  and ,  residing  at  No ,  in street,  in 

,  persons  whom  I  certify  to  be  respectable  and  entitled  to  credit, 

and  who,  being  by  me  duly  sworn,  say  that  they  were  present  and  saw 
,  the  claimant,  sign name  (make mark)  to  the  fore- 
going  declaration;     that   they  have   every   reason   to   believe,   from   the 

appearance  of  said  claimant  and  their  acquaintance  with    that 

is  the  identical  person   represents    self  to  be,  and 

that  they  have  no  interest  in  the  prosecution  of  this  claim. 


(Signatures  of  witnesses.) 
Sworn  to  and  subscribed  to  before  me,  this    day  of    .  . .  . 


342  NOTARIES  PUBLIC. 

A.  D.  188.  . ;   and  I  hereby  certify  that  the  contents  of  the  above  declara- 
tion, etc.,  were  fully  made  known  and   explained  to  the  applicant  and 

witnesses  before  swearing,  including  the  words   ,  erased,  and  the 

words   ,  added;    and  that  I  have  no  interest,  direct  or  indirect, 

in  the  prosecution  of  this  claim.  , 

(Signature.) 

(L-  S.)  , 

(Official  Character.) 

1  Here  name  the  place  or  places  at  which  the  applicant  has  resided. 

-  Here  name  the  employment  or  other  means  by  which  a  livelihood 
has  been  gained. 

3  Here  insert,  if  an  invalid,  ' '  and  that  the  disability  for  which  he  was 
pensioned  still  continues  in  a  pensionable  degree,  and  that  he  has  not 
since  re-enlisted  or  been  paid  in  the  military,  naval,  or  marine  service 
of  the  United  States;"  if  a  widow  or  mother,  "and  she  has  not  re- 
married since  that  date,"  or  if  re-married,  give  date. 

No.  174.     POWER  OF  ATTORNEY. 

Know  all   men  by  these  presents,  that  I,    ,   of    ,   in   the 

County  of ,  and  State  of   ,  do  hereby  make,  constitute,  and 

appoint ,  of ,  in  the  County  of ,  and  State  of , 

my   true,   sufficient   and   lawful   attorney,   for   me   and   in   my   name,   to 

,  and  to  do  and  perform  all  necessary  acts  in  the  execution  and 

prosecution   of  the   aforesaid   business   in   as   full   and   ample   a  manner 
as  I  might  do  if  I  were  personally  present. 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  seal,  the 

day  of   ,  18 .  . , 

(Signature.) 

Signed,  sealed  and  delivered  in  presence  of 


No.  175.     PROXY  TO  VOTE. 

Know  all  men  by  these  presents,  that , ,  of ,  in  the 

State  of    ,  do  hereby  appoint    ,  of   ,  in  the  State  of 

,  to  be   substitute  and  proxy,  with  power  of  substitution, 

for and  in name and  behalf,  to  vote  at  any  election 

of  the company,  and  at  any  meeting  of  the  stockholders  of  said 

as  fully  as might  or  could  were personally  present. 

In   witness   whereof,    have   hereunto   set    hand.,    and 

seal.  .,  the day  of ,  18.  . 

(Seal.) 

(Seal.) 

Signed,  sealed  and  delivered  in  presence  of 


FORMS. 

No.  176.    PRAECIPE. 
Before  


343 


Demand   $. Issue  summons  returnable  on   the    day   of 

,  189.  .,  at o'clock, M.,  and  give  the  same  to  constable 

Defendant   at    Credit   plaintiff  with   $ advance 

costs. 

> 

Attorney. 

State  of    ) 

t  9S- 
County.        ) 

,  being  first  duly  sworn,  on  oath  says  that  he  is ,  and  that 

the  demand  of  the  plaintiff.  .   in  the  above  entitled  cause  is  for 

and  the  amount   due  to  said   plaintiff.,    from   the   defendant.,    in   said 

cause  after  allowing  to  said  defendant.,   all  his  just  deductions,  credits 

and  set  off,  if  any,  is dollars  and cents. 


Subscribed  and  sworn  to  before  me,  this day  of ,  189.  . 

y 

Notary  Public. 
No.  177.     SUBPOENA,  NOTARY  PUBLIC'S. 

State  of  Illinois,     )  gg  The  p       1(j  Qf  thg  gt&te  q{  minois 

County.        > 

To : 

You  are  hereby  commanded  to  appear  before  me,  a  notary  public  in 

and  for  said  county,  at  my  office,  No , Street,  in  the  .... 

in  said  County,  on the day  of ,  A.  D.  18.  .,  at  .  . . 

o  'clock  ....  M.,  then  and  there  to  testify  the  truth  in  a  suit  now  pend 

ing  in   the    Court   of    County   aforesaid,   wherein    

plaintiff.  .,  and   ,  defendant.  .,  and  this  you  shall  in  no  wise  omit 

under  the  penalty  of  the  law. 

Given  under  my  hand,  and  notarial  seal,  this   day  of    .... 

A.  D.  18..  , 

Notary   Public. 

No.  178.     (New  Hampshire.)     SUMMONS. 

ss.  To  

L.  S.    You  are  required  to  appear  at ,  in  the  County  of  .... 

on  the day  of ,  to  testify  what  you  know  relating  to  .... 

then  and  there   to  be  heard,   in  which    is    and    


Hereof  fail  not,  as  you  will  answer  your  default  under  the  penalties 
prescribed  by  law. 

Dated  at ,  the day  of , 


344  NOTARIES  PUBLIC. 

No.  179.     WILL. 

I,  Thomas  Smith,  of  the  County  of  Kent,  and  State  of  Ohio,  do  make, 
ordain,  and  establish  this  to  be  my  last  will  and  testament,  hereby 
revoking  all  other  wills  executed  by  me.  I  give  and  bequeath  all  my 
real  and  personal  property  unto  my  beloved  wife,  Sarah  Smith,  and  I 
hereby  appoint  John  Jones  my  sole  executor  without  bonds. 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  affixed  my  seal, 
this  10th  day  of  May,  in  the  year  of  our  Lord,  1898. 

THOMAS  SMITH.     (Seal.) 

The  above  instrument,  consisting  of  one  sheet,  was  at  the  date  thereof 
signed,  sealed  and  delivered  by  the  said  Thomas  Smith  as  and  for  his 
last  will  and  testament,  in  the  presence  of  us,  who  at  his  request,  and  in 
his  presence,  and  in  the  presence  of  each  other,  have  subscribed  our 
names  as  witnesses  thereto. 

JONATHAN  EDWAEDS,  Carbondale,  Ohio. 
HENRY  JENKINS,  Carbondale,  Ohio. 

No.  180.    WILL. 

Last  will  and  testament  of  James  Dick,  of 

I  bequeath  unto  my  beloved  wife,  Sarah,  all  my  wearing  apparel, 
to  be  disposed  of  in  such  manner  as  she  may  see  fit.  I  also  bequeath 
to  her  such  articles  of  my  household  goods  and  furniture,  and  such 
consumable  supplies  as  may  be  on  hand  at  the  time  of  my  death,  as 
she  may  choose  to  retain  for  her  own  use;  and  also  all  the  rest  and 
residue  of  my  personal  estate,  whatsoever,  and  wheresoever,  of  what 
nature,  kind,  and  quality  soever  the  same  may  be,  and  not  hereinbefore 
given  and  disposed  of  (after  paying  my  debts,  legacies,  and  funeral 
expenses),  I  give  and  bequeath  unto  my  said  wife,  Sarah,  to  her  own 
use  and  benefit  absolutely. 

And  I  do  hereby  constitute  and  appoint  my  said  wife,  Sarah,  sole 
executrix  of  this  my  last  will  and  testament  without  bonds. 

In  witness  whereof,  I,  James  Dick,  the  testator,  have  to  this,  my 

will,  written  on  one  sheet,   set  my  hand   and   seal,  this    day   of 

,  A.  D.  one  thousand  eight  hundred  and   

JAMES  DICK.     (L.  S.) 

Signed,  sealed,  published,  and  declared  by  the  above-named  James 
Dick,  as  and  for  his  last  will  and  testament,  in  the  presence  of  us,  who 
have  hereunto  subscribed  our  names  at  his  request  as  witnesses  thereto, 
in  the  presence  of  the  said  testator,  and  of  each  other.  C.  D. 

B.  F. 

No.  181.    WILL. 

I,  William  Smith,  of  Chicago,  County  of  Cook,  and  State  of  Illinois, 
declare  this  my  last  will  and  testament. 

I  will  and  bequeath  unto  my  beloved  wife,  Mary  Smith,  all  the  per- 
sonal and  real  property  which  I  may  die  possessed  of,  after  the  payment 
of  all  my  just  debts. 


FORMS.  345 

I  hereby  appoint  my  beloved  wife  my  sole  executrix,  without  bond. 
In   witness  whereof,   I   hereunto   set   my   hand    and    seal,   at   Chicago, 
aforesaid,  this  sixth  day  of  May,  eighteen  hundred  and  ninety-eight. 

WILLIAM  SMITH.     (Seal.) 
Signed,  sealed,  published  and  declared,  etc.,  as  above. 
(Two  witnesses.) 

No.  181A.     WILL. 

Be  it  remembered,  I,  William  Good,  of  the  City  of  Cincinnati,  Ohio, 
a  bachelor,  being  of  sound  and  disposing  mind,  memory  and  under- 
standing, do  make  and  declare  this  my  last  will  and  testament. 

First — I  direct  that  all  my  just  debts  be  paid. 

Second — I  give  and  bequeath  unto  the  Cemetery  of  Spring  Grove 
the  sum  of  two  hundred  dollars,  to  be  invested  and  the  income  to  be 
applied  to  the  care  of  my  family  burial  lot  in  said  Cemetery. 

Third — I  give  and  bequeath  unto  the  Old  People's  Home,  in  the  City 
of  Cincinnati,  five  thousand  dollars,  same  to  be  invested  and  the  income 
applied  to  the  maintenance  of  said  institution. 

Fourth — I  give  and  bequeath  to  my  sister,  Jane  Thompson,  the  sum 
of  five  thousand  dollars. 

Fifth — I  give  and  bequeath  unto  my  brother,  Joseph  Good,  the  sum 
of  five  thousand  dollars. 

Sixth — I  give  and  bequeath  to  the  Law  Library  Association  of  Kings- 
ton, Indiana,  Lots  5  and  6  in  Block  4,  Simmons  subdivision  in  Section  26, 
township  35  N.,  E.  14  E.  of  P.  M.  in  Bogue  County,  Indiana.  The  same 
to  be  used  for  building  on  a  law  and  miscellaneous  library  for  the  use 
of  residents  of  said  city. 

Seventh — I  give  and  bequeath  one  thousand  dollars  to  the  purchase 
of  books  for  said  library. 

Eighth — I  give  and  bequeath  the  residue  of  my  estate,  real  and 
personal,  to  such  charitable  purposes  as  my  executors  see  fit. 

Lastly,  I  appoint  Joseph  Cook,  lawyer,  and  my  brother,  Joseph  Good, 
my  sole  executors  without  bonds. 

Signed,  sealed,  &c. 

Witnessed  usual  way. 

No.  182.     ABSTRACT  OF  TITLE. 

To    

The  East  10  acres  of  the  South  half  of  North  West  Quarter  of  Section 
4,  Township  39  North,  Range  13  East  of  the  3rd  Principal  Meridian  in 
Lake  County,  Illinois. 

Note  1 — From  memoranda  relating  to  sales  of  public  lands  in  Lake 
County,  Illinois,  it  appears  that  a  United  States  patent,  dated  Oct.  1. 
1839,  was  issued  to  C.  L.  Harmon  and  H.  G.  Loomis,  granting  the  East 
10  acres  of  Section  4  aforesaid. 


346 


NOTARIES  PUBLIC. 


Note  2— C.  L.  Harmon  ^ 

H.  G.  Loomis  and 

Harriet,  his  wife, 

to 

J.  Penfold  and 

W.  Penfold. 

Doc.  4,324. 


Warranty  Deed  dated  Nov.  3,  1836,  re- 
corded Nov.  7,  1836,  in  Book  R.,  page  220. 
Consideration,  $1,600.  Conveys  East  10 
acres  Section  4  in  7,  39  N.  R.  13  E.  of  3rd 
P.  M.,  in  Lake  Co.,  Illinois. 

Acknowledged  Nov.  4,  1836. 


Subscribed  and  sworn  to  Sept.  10,  1883, 
and  recorded  Sept.  12,  1883,  in  Book  1,372, 
p.  205. 

Affiant  states  (inter  alia)  that  he  is  the 
son  of  C.  L.  Harmon,  deceased;  that  said  C.  L.  Harmon  died  on  or  about 
Nov.  2,  1868,  intestate,  and  that  the  mother  of  the  affiant  died  about  the 
year  1867;  that  said  C.  L.  Harmon  was  never  married  except  to  the 
mother  of   this  affiant. 


Note  3— Affidavit 

by 

E.  C.  Harmon. 

Doc.  494,084. 


Deed   dated  Feb.  1,   1856;  recorded  Feb. 
22,  1856,  in  Book  104,  page  466. 
Consideration,   $4,000. 

Grant,  bargain,  sell,  etc.,  land  in  Town 
of  Princeton,  Lake  Co.,  111.,  to  wit:  the  East 
5  acres  of  Section  4,  in  T.  39  N.,  R.  13  E., 
according  to  government  survey,  more  or 
less. 

Subject  to  taxes  since  1852.  Certificate 
of  acknowledgment  dated  Feb.  12,  1856,  by 
notary  public,  State  of  New  York,  states 
that  the  wives  on  a  private  examination,  apart  from  their  husbands, 
acknowledged,  etc.,  but  does  not  say  contents  of  deed  were  made  known 
to  them. 


Note  4. 

John  Penfold  and 

Phebe  Ann  Anne, 

his  wife, 

Wm.  Penfold  and  Joan, 

his  wife, 

all  of  City,  County  and 

State  of  New  York, 

to 

C.  H.  Duck. 

Doc.  67,699. 


Note  5. 

John  Penfold 

and   Phebe   Ann 

his  wife, 

and   Wm.   Penfold, 

and   Joan, 

his  wife, 

all  of  New  York  City, 

to 

C.  H.  Duck, 

of  Cook  Co.,  111. 

Doc.   18,284. 


Deed    dated    Feb.    1,    1856,   and   recorded 
March  15,  1872,  in  Book  67,  page  800. 
Consideration,  $4,000. 

Grant,  bargain,  sell,  remise,  alien,  convey 
and  confirm  land  in  Town  of  Princeton,  Lake 
Co.,  111.,  to  wit:  West  5  acres  of  Section  4,  in 
T.  39  N.  of  R.  13  East,  according  to  govern- 
ment survey,  more  or  lees.  First  parties 
covenant  that  the  above  bargained  premises 
in  the  quiet  and  peaceful  possession  of 
second  party,  his  heirs  and  assigns,  against 
all  and  every  person  or  persons  lawfully 
claiming  or  to  claim  the' whole  or  any  part  thereof,  they  shall  and  will 
warrant  and  forever  defend,  subject  to  all  taxes  and  assessments  levied 
or  assessed  on  or  against  said  premises  since  1852. 

Certificate  of  acknowledgment  dated  Feb.  12,  1856,  by  T.  H.  Lane,  a 
notary  public  in  and  for  New  York  City  and  County  of  New  York,  who 


FOKMS.  347 

does  not  certify  that  said  Phoebe  Anu  Penfold  ;tn<l  Joan   Penfold  were 
informed  of  the  contents  of  said  deed. 

A  re-record  of  deed,  recorded  Feb.  22,  1856,  as  Doc.  67,699,  in  Book 
104  of  Deeds,  page  466,  as  appears  by  the  recorder's  certificate  appended 
to  this  record. 


Quit  Claim  Deed  dated  May  21,  1856,  and 
recorded  May  22,  1856,  in  Book  114,  page 
402. 

Convey  3  acres  of  Section  4,  T.  39,  R. 
13  E. 


Note   6. 

Charles  H.  Duck 

and  wife 

to 

Wm,  S.  Davison  and 

.   Wm.  J.  Robertson. 

Doe.  71,188. 

Note  7 — It  does  not  appear  that  any  proceedings  have  been  had  in 
the  County  or  Probate  Courts  of  Lake  Co.,  111.,  in  the  matter  of  the  estate 
of  Wm.  S.  Davison,  deceased,  nor  that  anything  in  the  relation  thereto 
has  been  filed  for  record  in  the  recorder's  office  of  said  county. 

No.  183.     APPLICATION  FOR  INITIAL  REGISTRATION  OF  TITLE 

TO  LAND. 
State  of  Illinois,      ) 

'     [  ss. 

County  of  Cook.      ' 

To  the  Judges  of  the  Circuit  Court  of  Cook  County. 
In  Chancery  sitting: 

I  hereby  make  application  to  have  registered  the  title  to  the  land 
hereinafter  described,  and  do  solemnly  swear  that  the  answers  to  the 
questions  herewith,  and  the  statements  herein  contained,  are  true  to  the 
best  of  my  knowledge  and  belief. 

1st.     Name  of  applicant, ;    age  of  applicant, ;    residence, 

;  married  to ;  residence 

2d.     Application  made  by   

3d.     Description  of  real  estate  situate  in  Cook  County,  Illinois,  is  as 

follows :     

Estate  or  interest  claimed  therein  is  in  fee  simple,  and  is subject 

to   homestead. 

4th.     The  land  is occupied  by ,  whose  address  is 

The  estate,  interest  or  claim  of occupant  is  that  of 

5th.     Liens  and  incumbrances  on  the  lands  are 

Name   of   owner   or   holder   thereof,    ;   postoffice   address,    ; 

amount  of  claim,  $ ;    recorded  book   ,  page   

6th.  Other  person..,  firm  or  corporation  having  or  claiming  any 
estate,  interest  or  claim  in  law  or  equity  in  possession,  remainder  (re- 
version)  or  expectancy  in  said  land  are ,   ;    address   

Character  of  estate,  interest  or  claim  is 

7th.     Other  facts  connected  with  said  land  are  

8th.  Therefore  the  applicant  prays  the  court  to  find  and  declare  the 
title  or  interest  of  the  applicant  in  said  land  and  decree  the  same,  and 
order  the  Registrar  of  Titles  to  register  the  same,  and  to  grant  such 
other  and  further  relief  as  shall  be  according  to  equity. 


Signature  of  Applicant. 


348  NOTARIES  PUBLIC. 

Subscribed  and  sworn  to  before  me  by  the  above  named    

as  owner,  this day  of ,  190. . 

(Seal.)  , 

Notary  Public. 

I  hereby  assent  to  the  registration  of  the  above  described  real  estate 
as  prayed  for  by ,  who  is  my (husband  or  wife). 


Signature  of  Husband  or  Wife. 
State  of  Illinois,      ) 
County  of  Cook.       ) 

I,  a  notary  public  in  and  for  said  County  in  the  State  aforesaid,  do 

hereby  certify  that ,  personally  known  to  me  to  be  the  same  person 

whose  name  is  subscribed  to  the  foregoing  assent,  appeared  before  me 

this  day  in  person  and  acknowledged  the  said  assent  as free  and 

voluntary  act  for  the  uses  and  purposes  therein  set  forth. 

Given  under  my  hand  and  seal,  this    day  of    ,  A.  D. 

190.. 

(Seal.)  , 

Notary  Public. 

I  hereby  assent  to  the  registration  of  the  above  described  real  estate 
as  prayed  for  by , , 


[The   Chicago  Legal  News  Co.  and  Sharp  and  Alleman's  Lawyers' 
Directory  have  kindly  contributed,  partly,  to  these  forms.] 


INDEX. 


[references  are  to  sections.] 

ABSTRACT  OF   TITLE,   271.     Form    182. 
ACCEPTANCE,  407-413. 
ACKNOWLEDGMENTS,  168. 

Attorneys,  172. 

Certificate,  180. 

Chattel  mortgage,  178. 

Commissioner  of  deeds,  515,  518-569. 

Essentials,   170. 

Evidence,  171. 

Forms,  see  Forms. 

Notary's,  when  officer  in  a  corporation,  173. 
statutory,   274-328. 
when  stockholder,  174. 

Officer  in  corporation,  175. 

Sheriff's  deed,  176. 

Statutory,  274-328,  518-569. 

Town  plat,  179. 

Void,  175. 

Wife's,  177. 
ACTIONS,  STATUTORY,  274-328,  459-514. 
ACTS,  13,  22-77. 
ADMINISTRATOR,  255. 
AFFIDAVITS,  78. 

Information  and  belief,  81. 

Jurat,  84. 

Publication,   82. 

Statutory,  101-155. 

Sufficiency,  80. 

Venue,  83. 
AFFINITY,  225. 
AFFIRMATION,  78,  85. 
AGENT,  160. 
ALABAMA. 

Affidavits  and  oaths,  101. 

Commissioners  of  deeds,  518. 

Conveyances,  274. 

Depositions,   347. 

Forms,  see  Forms. 

Negotiable  instruments,  459. 

Notaries  public,  22. 

349 


350  INDEX. 

[references  are  to  sections.] 

ALASKA. 

Affidavits  and  oaths,  102. 
Commissioner  of  deeds,  519. 

Conveyances,  275. 

Depositions,  348. 

Forms,  see  Forms. 

Negotiable  instruments,  460. 

Notaries  public,  23. 
APPOINTMENT,  6,  22,  77. 
ARIZONA. 

Affidavits  and  oaths,  103. 

Commissioner  of  deeds,  520. 

Conveyances,  276. 

Depositions,  349. 

Forms,  see  Forms. 

Negotiable  instruments,  461. 

Notaries  public,  24. 
ARKANSAS. 

Affidavits  and  oaths,  104. 

Commissioner  of  deeds,  521. 

Conveyances,  277. 

Depositions,  350. 

Forms,  see  Forms. 

Negotiable  instruments,  462. 

Notaries  public,  25. 
ASSIGNMENT,   242. 
AUTHORITY,  79. 
BILLS  OF  EXCHANGE,  403. 

Uniform  negotiable  instrument  law,  458. 
BILL  OF  SALE,  266. 
BOND,  9,  22-77. 

Commissioner  of  deeds,  518-57'). 

Notaries  public,  22-77. 
BOUNDARIES,  233. 
CALIFORNIA. 

Affidavits  and  oaths,  105. 

Commissioners  of  deeds,  522. 

Conveyances,  278. 

Depositions,  351. 

Forms,  see  Forms. 

Negotiable  instruments,  463. 

Notaries,  26. 
CANADA. 

Affidavits  and  oaths,  155. 

Commissioner  of  deeds,  570. 

Conveyances,   328. 

Deposition,  400. 

Forms,  see  Forms. 


INDEX  351 

[references  are  to  sections.] 

CANADA — continued. 

Negotiable  instruments,  514. 

Notaries,  77. 
CAPTION   AND  FORM,  342. 
CAVEAT  EMPTOR,  263. 
CERTIFICATE,  21,  22-77. 

Acknowledgment,  180. 

Impeached,  182. 
CIVIL  LAW,  227. 

CHATTEL  MORTGAGE  ACKNOWLEDGMENT,  178. 
CHECK,  404. 
COLORADO. 

Affidavits  and  oaths,  106. 

Commissioners  of  deeds,  523. 

Conveyances,  278. 

Depositions,  352. 

Forms,  see  Forms. 

Negotiable  instruments,  464. 

Notaries,  27. 
COMMISSION,  7,  22-77. 

COMMISSIONERS  OF  DEEDS,  515-517,  518-569. 
CONNECTICUT. 

Affidavits  and  oaths,  107. 

Commissioners  of  deeds,  524. 

Conveyances,  280. 

Depositions,  353. 

Forms,  see  Forms. 

Negotiable  instruments,  465. 

Notaries,  28. 
CONSANGUINITY,  226. 

Collateral,  227. 
CONTRACT,  159. 

By  agent,  160. 

By  deed,  162. 

Parol,  159. 
CONVEYANCE,  156. 

By  wife,  196. 

Fraudulent,  157. 

Partners,  197. 

Statutory,  274-328. 

To  wife,  195. 

Voluntary,  158. 
COVERTURE,  267. 
CURTESY,  221,  274-328. 
DAMAGES,  22-77,  459-514. 

DAYS  OF  GRACE,  459-514,  456.     See  Uniform   Negotiable  Instruments. 
DEEDS,  163. 

Acknowledgment,  168. 


352  INDEX. 

[references  are  to  sections.] 

DEEDS — continued. 

Complete,  187. 

Form,  165. 

Parties,  193. 

Partners,  197. 

Parts,  164. 

Proved,  166. 

Quit  claim,  198. 

See  Forms. 

Sheriff's,  176. 

Statutory,  274-328. 

Tax,  199. 

Trust,  238,  200. 

Witnesses,  167. 
DEFEASANCE,  245. 
DELAWAEE. 

Affidavits  and  oaths,  108. 

Commissioners  of  deeds,  525. 

Conveyances,  281. 

Depositions,  354. 

Forms,  see  Forms. 

Negotiable  instruments,  466. 

Notaries,  29. 
DEPOSITIONS,  329-400. 

Caption,  342. 

De  bene  esse,  330. 

Dedemus  potestatem,  331. 

Fees,  346. 

How  taken,  340. 

Interpreters,  344. 

Notice,  339. 

Objections,  343. 

Eeturn,  345. 

Statute  compliance,  341. 

Statutory,  347-400. 

TJ.  S.  court  depositions,  336. 

Who  can  take,  337. 
DEVISE,  247. 
DISTRICT  OF  COLUMBIA. 

Affidavits  and  oaths,  109. 

Commissioners  of  deeds,  526. 

Conveyances,  282. 

Depositions,  355. 

Forms,  see  Forms. 

Negotiable  instruments,  467. 

Notaries,  30. 
DOWEE,  274-328,  222. 
DEAFT,  405. 


index.  353 

[references  are  to  sections.] 

DURESS,  188. 
DUTIES,  11,  22-77. 
EASEMENTS,  231. 
ELIGIBILITY,  4,  22-77. 
EMBLEMENTS,  232. 
EMINENT  DOMAIN,  213. 
EQUITY,  268. 
ESCREW,  187. 
ESTATE,  214. 

Fee,   215. 

Fee  determinable,  216. 

Fee  simple,  215. 

Fee  tail,  217. 

Life,  220. 

Merger,  219. 

Remainder,  218. 

Trust,  223. 

See  States. 
EXECUTION,  261,  274-328. 
EXECUTOR,  252. 
EXEMPTIONS,  274-328. 
FEE,  see  Estates. 
FEES,  19,  22-77;  516-570,  346. 
FEMME  SOLE,  267. 
FORECLOSURE,   241. 
FLORIDA. 

Affidavits  and  oaths,  110. 

Commissioners  of  deeds,  527. 

Conveyances,  283. 

Depositions,  356. 

Forms,  see  Forms. 

Negotiable  Instruments,  468. 

Notaries,  31. 
FORM    AND    INTERPRETATION    OF    BILL    OF    EXCHANGE.      See 

Uniform  Negotiable  Instruments. 
FORMS,  571;  pages  279-348. 

Abstract  of  title,  No.  182. 

Acknowledgments,  Nos.  1-72. 

Affidavits,  Nos.  72A-83. 

Affirmation,  No.  102. 

Agreements,  Nos.  104-105. 

Assignments,  Nos.  105A-105C. 

Bill  of  Sale,  No.  103. 

Bonds,  Nos.  106-106A. 

Certificate,  No.  107. 

Contracts,  Nos.  108-109. 

Deeds,  Nos.  110-138. 

Depositions,  Nos.  138A-139. 

x23 


354  INDEX. 

[references  are  to  sections.] 

FORMS— continued. 

Depositions,  notice  to  take,  No.  140. 

Depositions,  certificate,  No.  141. 

Jurat,  No.  142. 

Lease,  Nos.  143-144A. 

Notice  to  terminate,  No.  144B. 

Marine  protest,  No.  145. 

Marine  note  of  protest,  No.  146. 

Mechanics'  Lien,  No.  146A. 

Mortgages,  Nos.  147-157. 

Negotiable  instruments,  Nos.  158-167. 

Notary  public,  Nos.  168-172. 

Notice  to  quit,  No.  172A. 

Oaths,  Nos.  84-101,  §  92. 

Pensions,  No.  173. 

Power  of  attorney,  No.  174. 

Praecipe,  No.  176. 

Proxy,  No.  175. 

Eegistration  of  title,  No.  183. 

Subpoena,  No.  117. 

Summons,  No.  178. 

Wills,  Nos.  179-181A. 
FRAUDULENT  CONVEYANCES,  157. 
GEORGIA. 

Affidavits  and  oaths,  111. 

Commissioners  of  deeds,  528. 

Conveyances,  284. 

Depositions,  357. 

Forms,  see  Forms. 

Negotiable  instruments,  469. 

Notaries,  32. 
GRANT,  212. 
HAWAIIAN  ISLANDS. 

Affidavits  and  oaths,  112. 

Commissioners  of  deeds, . 

Conveyances,  285. 

Depositions,  358. 

Forms,  see  Forms. 

Negotiable  instruments,  470. 

Notaries,  33. 
HEIRS,  224. 

HISTORY  OF  OFFICE,  1. 
HOLIDAYS,  457,  459-514. 
HOMESTEAD,  228,  274-328. 
HUSBAND'S  CONVEYANCE  TO  WIFE,  195. 
.IDAHO. 

Affidavits  and  oaths,  113. 
Commissioners  of  deeds,  529. 
■> 


INDEX.  355 

[references  are  to  sections.] 

IDAHO — continued. 

Conveyances,  286. 

Depositions,  359. 

Forms,  see  Forms. 

Negotiable  instruments,  471. 

Notaries,  34. 
ILLINOIS. 

Affidavits  and  oaths,  114. 

Commissioner  of  deeds,  530. 

Conveyances,  287. 

Depositions,  360. 

Forms,  see  Forms. 

Negotiable  instrument?.   I7l'. 

Notaries,  35. 
INDIANA. 

Affidavits  and  oaths,  115. 

Commissioner  of  deeds,  531. 

Conveyances,  289. 

Depositions,  361. 

Forms,  see  Forms. 

Negotiable  instruments,  474. 

Notaries,  37. 
INDIAN  TERRITORY. 

Affidavits  and  oaths,  116. 

Commissioner  of  deeds,  532. 

Conveyances,  288. 

Depositions,  362. 

Forms,  see  Forms. 

Negotiable  instruments,  473. 

Notaries,  36. 
INDORSEMENT.     See  Uniform  Negotiable  Instruments. 
INTEREST  RATES,  459-514. 
INTERPRETERS,  344. 
INTERROGATORIES,  333. 
INTOXICATION,  189. 
IOWA. 

Affidavits  and  oaths,  117. 

Commissioner  of  deeds,  533. 

Conveyances,  280. 

Depositions,  363. 

Forms,  see  Forms. 

Negotiable  instruments,  475. 
Notaries,  38. 
JUDGMENTS,  260,  274-328. 
JURAT,  84. 

JURISDICTION,  22-77,  516-570. 
KANSAS. 

Affidavits  and  oaths.   llv. 


356  INDEX. 

[references  are  to  sections.] 

KANSAS — continued. 

Commissioner  of  deeds,  534. 

Conveyances,  291. 

Depositions,  364. 

Forms,  see  Forms. 

Negotiable  instruments,  476. 

Notaries,  39. 
KENTUCKY. 

Affidavits  and  oaths,  119. 

Commissioner  of  deeds,  535. 

Conveyances,  292. 

Depositions,  365. 

Forms,  see  Forms. 

Negotiable  instruments,  477. 

Notaries,  40. 
LEASE,  234. 
LEGATEES,  253. 
LIABILITY,  17,  18,  22-77,  450-455,  459-514. 

Bank,  454. 

Drawer  and  acceptor,  451. 

Drawer  and  indorser,  450. 

Holder,  453. 

Notary,  455,  17,  18,  22-77. 

Statutory,  22-77,  459-514. 

See  Uniform  Negotiable  Instrument  Law. 
LIENS,  256,  274-328,  257,  258,  260. 
LIMITATIONS  OF  ACTIONS,  274-328. 
LIS  PENDENS,  269. 
LOUISIANA. 

Affidavits  and  oaths,  120. 

Commissioner  of  deeds,  536. 

Conveyances,  293. 

Depositions,  366. 

Forms,  see  Forms. 

Negotiable  instruments,  478. 

Notaries,  42. 
MAINE. 

Affidavits  and  oaths,  121. 

Commissioner  of  deeds,  537. 

Conveyances,  294. 

Depositions,  367. 

Forms,  see  Forms. 

Negotiable  instruments,  479. 

Notaries,  43. 
MARINE  PROTEST,  20. 
MARYLAND. 

Affidavits  and  oaths,  122. 

Commissioner  of  deeds,  538. 


ENDEX.  357 


[references  are  to  sections.] 


MAEYLAND— continued. 

Conveyances,  295. 

Depositions,  368. 

Forms,  see  Forms. 

Negotiable  instruments,  480. 

Notaries,  44. 
MASSACHUSETTS. 

Affidavits  and  oaths,  123. 

Commissioner  of  deeds,  539. 

Conveyances,  296. 

Depositions,  369. 

Forms,  see  Forms. 

Negotiable  instruments,  481. 

Notaries,  45. 
MECHANICS'  LIENS,  257,  274-328. 
MICHIGAN. 

Affidavits  and  oaths,  124. 

Commissioner  of  deeds,  540. 

Conveyances,  297. 

Depositions,  370. 

Forms,  see  Forms. 

Negotiable  instruments,  482. 

Notaries,  46. 
MINNESOTA. 

Affidavits  and  oaths,  125. 

Commissioner  of  deeds,  541. 

Conveyances,  298. 

Depositions,  371. 

Forms,  see  Forms. 

Negotiable  instruments,  483. 

Notaries,  47. 

MISSISSIPPI 

Affidavits  and  oaths,  126. 

Commissioners  of  deeds,  542. 

Conveyances,  299. 

Depositions,  372. 

Forms,   see  Forms. 

Negotiable  instruments,  484. 

Notaries,  48. 
MISSOURI. 

Affidavits  and  oaths,  127. 

Commissioner  of  deeds,  543. 

Conveyances,  300. 

Depositions,  373. 

Forms,  see  Forms. 

Negotiable  instruments,  485. 

Notaries,  49. 


358  INDEX. 

[references  are  to  sections.] 

MONTANA. 

Affidavits  and  oaths,  128. 

Commissioner  of  deeds,  544. 

Conveyances,  301. 

Depositions,  374. 

Forms,  see  Forms. 

Negotiable  instruments,  486. 

Notaries,  50. 
MORTGAGE,  235. 

Discharge,  243. 

Foreclosure,  241. 

Limitation,  236. 

Redemption,  240. 

Satisfaction,  239. 

Trust,  238. 

Warranty,  237. 
NEBRASKA. 

Affidavits  and  oaths,  129. 

Commissioner  of  deeds,  545. 

Conveyances,  302. 

Depositions,  375. 

Forms,  see  Forms. 

Negotiable  instruments,  487. 

Notaries,  51. 
NEGOTIABLE   INSTRUMENTS,   401-514.     See   States.     See   Uniform 

Negotiable  Instruments. 
NEVADA. 

Affidavits  and  oaths,  130. 

Commissioner  of  deeds,  546. 

Conveyances,  303. 

Depositions,  376. 

Forms,  see  Forms. 

Negotiable  instruments,  488. 

Notaries,  52. 
NEW  HAMPSHIRE. 

Affidavits  and  oaths,  131. 

Commissioner  of  deeds,  547. 

Conveyances,  304. 

Depositions,  377. 

Forms,  see  Forms. 

Negotiable  instruments,  499. 

Notaries,  53. 
NEW  JERSEY. 

Affidavits  an<l  oaths,  132. 

Commissioner  of  deeds,  548. 

Conveyances,  305. 

Depositions,   378. 


INDEX.  359 

[references  are  to  sections.] 

NEW  JERSEY— continued. 
Forms,  see  Forms. 
Negotiable  instruments,  490. 
Notaries,  54. 
NEW  MEXICO. 

Affidavits  and  oaths,  133. 
Commissioner  of  deeds,  549. 
Conveyances,  306. 

Depositions,  379. 

Forms,  see  Forms. 

Negotiable  instruments,  491. 

Notaries,  55. 
NEW  YORK. 

Affidavits  and  oaths,  134. 

Commissioner  of  deeds,  550. 

Conveyances,  307. 

Depositions,  380. 

Forms,  see  Forms. 

Negotiable  instruments,  492. 

Notaries,  56. 
NON  NEGOTIABLE  PAPER,  402. 
NOTARY  PUBLIC,  1,  22-77. 

Depositions,  338,  347-400. 

Officer  of  a  corporation,  173. 
NORTH  CAROLINA. 

Affidavits  and  oaths,  135. 

Commissioner  of  deeds,  551. 

Conveyances,  308. 

Depositions,  381. 

Forms,  see  Forms. 

Negotiable  instruments,  493. 

Notaries,  57. 
NORTH  DAKOTA. 

Affidavits,  136. 

Commissioner  of  deeds,  552. 

Conveyances,  309. 

Depositions,  382. 

Forms,  see  Forms. 

Negotiable  instruments,  494. 

Notaries,  58. 
NOTICE  OF  DEPOSITIONS,  339. 

NOTICE  OF  DISHONOR.     See  Uniform  Negotiable  Instruments. 
NOTICE  OF  PROTEST,  435,  459-514. 

Delay  in,  443. 

Excuse,  445. 

Failure  to  give,  444. 

Form,  436. 

Instrument,  437. 


360  INDEX. 

[references  are  to  sections.] 

NOTJCE  OF  PROTEST— continued. 

Knowledge  by  drawer  or  indorser,  446. 

Liability,  450-455. 

Manner,  440. 

Necessary  to  indorsers,  442. 

Notary's  Certificate  as  Evidence,  447. 

Time  of,  441. 

To  whom,  438. 

Waiver,  448-9. 

Who  may  give,  439. 
OATHS,  10,  78,  86,  87,  22-77,  101-154. 

Adverse  claimant  of  lands,  93. 

Applicant  for  U.  S.  pension,  94. 

Commissioners  of  deeds,  517. 

Form,  92. 

Government  employees,  91. 

Officers,  inferior,  99. 

Officers,  national  bank,  97. 

Officers,  State,  92. 

Officers,  U.  S.,  92,  95,  96. 

Perjured,  100. 

U.  S.  Government  claims,  89. 

U.  S.  laws,  90. 

U.  S.  employees,  91. 

Who  may  administer,  88. 

Witnesses,  90. 
OFFICE,  2. 

in  United  States,  3,  22-77. 

OFFICER'S  CERTIFICATE  MUST  GTVE  TITLE,  181. 

To  act  in  their  State,  186. 

To  personally  know,  196. 
OHIO. 

Affidavits  and  oaths,  137. 

Commissioner  of  deeds,  553. 

Conveyances,  310. 

Depositions,  383. 

Forms,  see  Forms. 

Negotiable  instruments,  495. 

Notaries,  59. 

OKLAHOMA. 

Affidavits  and  oaths,   138. 
Commissioner  of  deeds,  554. 
Conveyances,  311. 
Depositions,   384. 
Forms,  see  Forms. 
Negotiable  instruments,  495. 
Notaries,  60. 


INDEX.  3til 

[references  are  to  sections.] 


OREGON. 

Affidavits  and  oaths,  139. 
Commissioner  of  deeds,  555. 

Conveyances,  312. 

Depositions,  385. 

Forms,  see  Forms. 

Negotiable  instruments,  497. 

Notaries,  61. 
PENNSYLVANIA. 

Affidavits  and  oaths,  140. 

Commissioner  of  deeds,  556. 

Conveyances,  313. 

Depositions,  386. 

Forms,  see  Forms. 

Negotiable  instruments,  498. 

Notaries,  62. 
PHILIPPINE  ISLANDS. 

Affidavits  and  oaths,  141. 

Commissioner  of  deeds,  — . 

Conveyances,  314. 

Depositions,  387. 

Forms,  see  Forms. 

Negotiable  instruments,  499. 

Notaries,  63. 

PORTO  RICO. 

Affidavits  and  oaths,  142. 
Commissioner  of  deeds,  557. 
Conveyances,  315. 
Depositions,  — . 
Forms,  see  Forms. 
Negotiable  instruments,  500. 
Notaries,  64. 
POWER  OF  ATTORNEY,  194,  274-328. 
POWERS,  12,  22-77. 

PRESENTMENT  FOR  ACCEPTANCE,  407-413. 
Delay,  413. 
Manner,  412. 
Time,  410. 
To  whom,  411. 
Who  may  present,  409. 
What  to  present,  406. 
FOR  PAYMENT,  414-422. 
dishonor,  421. 
excuse  for  delay,  4i'(). 
hour,  417. 
mode,  419. 
noting,  422. 


362  INDEX. 

[references  are  to  sections.] 
PEESENTMENT  FOR  ACCEPTANCE— continued, 
place,  418. 
presentment,  414. 
time,  416. 
to  whom,  415. 
See  Uniform  Neg.  Instruments. 
PROMISSORY  NOTES,  406. 
PROTEST,  423-434,  459-514. 
By  whom,  428. 
Foreign  bill,  430. 
Form,  429. 

National  bank  notes,  434. 
Notary's  signature,  433. 
Place  of,  427. 
Record,  432. 

See  Uniform  Neg.  Instruments. 
Statement,  431. 
To  charge  indorsers,  424. 
What  to  protest,  425. 
QUIT  CLAIM,  198. 
Record,  15,  22-77. 
Recording,  191. 
Recovery  on  notes,  455. 
Redemptions,  274-328. 
Refusal  to  appear,  335. 
Registration  of  mitle,  192. 
Release,  244. 
Removal,  16,  22-77. 
RHODE  ISLAND. 

Affidavits  and  oaths,  143. 
Commissioner  of  deeds,  558. 
Conveyances,  316. 
Depositions,  388. 
Forms,  see  Forms. 
Negotiable  instruments,  501. 
Notaries,  65. 
SALE,  BILL  OF,  266. 
Conditional,  266y2. 
Judicial,  262. 
Tax,  259,  274-328. 
SEAL,  14,  22-77,  184,  185,  274-328. 
SOUTH  CAROLINA. 

Affidavits  and  oaths,  144. 
Commissioner  of  deeds,  559. 
Conveyances,  317. 
Depositions,  389. 
Forms,  see  Forms. 


INDEX. 

[references  ai:e  TO  sections.] 

SOUTH  CAEOLINA— continued. 

Negotiable  instruments,  502. 

Notaries,  66. 
SOUTH  DAKOTA, 

Affidavits  and  oaths,  145. 

Commissioner  of  deeds,  560. 

Conveyances,  318. 

Depositions,  390. 

Forms,  see  Forms. 

Negotiable  instruments,  504 

Notaries,  67. 
STATUTE. 

Conformity,  183,  341. 

Of  frauds,  161. 

Of  limitations,  265. 
STATUTORY,  22-77;   101-155;  274-328;   347-400;  459-514;  518-570. 
SUBPOENA,    334. 
SURVEYS,  272. 
TAX,  258. 
TAXATION,  IS. 
TENANTS  IN   COMMON,   230. 
TENANTS,  JOINT,  229. 
TENNESSEE, 

Affidavits  and  oaths,  146. 

( 'ommissioner  of  deeds,  561. 

(  ouveyances,  319. 

Depositions,  391. 

Forms,  see  Forms. 

Negotiable  instruments,  505. 

Notaries,  68. 
TERM  OF  OFFICE,  8,  22-77,  516  570. 
TEXAS. 

Affidavits  and  oaths,  147. 

Commissioner  of  deeds,  562. 

Conveyances,  320. 

Depositions,  392. 

Forms,  see  Forms. 

Negotiable  instruments,  506. 

Notaries,  69. 
TITLE,   202,   208. 

Abstract,  271. 

Adverse,  211. 

Bad,  207. 

By   descent,    209. 

Complete,  206. 

Covenants  for,  201. 

Doubtful,  207. 


364  INDEX. 

[references  are  to  sections.] 

TITLE— continued. 
By  grant,  212. 
By  purchase,  210. 
Equitable,  203. 
Examination  of,  273. 
Good,  204. 
Legal,  203. 
Marketable,  205. 
Real  estate,  208. 
Tax,  258. 
TORRENS  LAW,  192. 

TOWN  PLAT  ACKNOWLEDGMENT,  179. 
TOWNSHIP  SECTIONS,  272. 

UNIFORM  NEGOTIABLE  INSTRUMENT  LAW,  458. 
(References  are  to  sections  of  this  law.) 
Bills  of  exchange,  Sec.  126-131. 
Acceptance,  Sec.  132-142. 
Acceptance  for  honor,  Sec.  161-179. 
Acceptance  presentment  for,  Sec.  143-151. 
Bills  in  a  set,  Sec.  178-183. 
Payment  for  honor,  Sec.  171-177. 
Protest,  Sec.  152-160. 
Definitions,  458. 

Discharge  of  neg.  inst.,  458,  Sec.  119-125. 
Form,  458,  Sec.  29. 
liabilities  of  parties,  458,  Sec.  60-69. 
Negotiation  or  transfer,  458,  Sec.  30-50. 
Notice  of  dishonor,  458,  Sec.  89-118. 
Present  for  payment,  458,  Sec.  70-88. 
Promissory  notes,  458,  Sec.  184-189. 
Rights  of  holder,  458,  Sec.  51-59. 
UNDUE  INFLUENCE,  190. 
UTAH. 

Affidavits  and  oaths,  148. 
Commissioner  of  deeds,  563. 
Conveyances,  321. 
Depositions,   393. 
Forms,  see  Forms. 
Negotiable  instruments,  507. 
Notaries,  70. 
VERMONT. 

Affidavits  and  oaths,  149. 
Commissioner  of  deeds,  564. 
Conveyances,  322. 
Depositions,  394. 
Forms,  see  Forms. 
Negotiable  instruments,  508. 
Notaries,  71. 


INDEX.  365 

[references  are  to  sections.] 


VIRGINIA. 

Affidavits  and  oaths,  150. 

Commissioner  of  deeds,  565. 

Conveyances,  323. 

Depositions,  395. 

Forms,  see  Forms. 

Negotiable  instruments,  509. 

Notaries,  72. 
VOID   ACKNOWLEDGMENTS,   175. 
WAIVER,  270,  448,  449. 
WASHINGTON. 

Affidavits  and  oaths,  151. 

Commissioner  of  deeds,  566. 

Conveyances,   324. 

Depositions,  396. 

Forms,  see  Forms. 

Negotiable  instruments,  510. 

Notaries,  73. 
WEST  VIRGINIA. 

Affidavits  or  oaths,  152. 

Commissioner  of  deeds,  567. 

Conveyances,  325. 

Depositions,  397. 

Forms,  see  Forms. 

Negotiable  instruments,  511. 

Notaries,  74. 
WIFE  EXAMINATION,  274-328. 

Personally  known,  196. 
WILL,   246. 

Holographic,  248. 

Nuncupative,   249. 

Olographic,  250. 

Probate  of,  254. 

Witness,  251. 
WISCONSIN. 

Affidavits  and  oaths,  153. 

Commissioner  of  deeds,  568. 

Conveyances,  326. 

Depositions,  398. 

Forms,  see  Forms. 

Negotiable  instruments,  512. 

Notaries,  75. 
WITNESS,  332,  274-328. 

Oaths,  98. 

To  deed,  167. 

To  will,  251. 
WOMEN,  5,  22-77,  274-328. 


366  INDEX. 

[references  are  to  sections.] 

WYOMING. 

Affidavits  and  oaths,  154. 
Commissioner  of  deeds,  569. 
Conveyances,  "-327. 
Depositions,  399. 
Forms,  see  Forms. 
Negotiable  instruments,  513. 
Notaries,  76. 


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